NJSBA Family Law Section

I know there is a lot of exciting discussion going on about termination of child support at 19.  Even so, I hope that some of the family law section contributors can help me with the following (you just can't make this stuff up!):

A local sheriff's officer came in for a consultation this week.  After 7 years of not hearing from his ex, she decided to file a motion for child support.  My officer had a two year marriage to an exotic dancer in Oklahoma when he was in the military.  When he met her, she was pregnant.  He married her after she delivered the baby and he's not on the birth cert.  She had his child while he was overseas and the relationship ended in divorce when he says he "signed the paperwork" that was sent to him.  He has never met his son.

He was recently served with a summons to appear in Bergen County, because Oklahoma had his mother's address in Bergen, even though he's lived in Gloucester County for the last 3 years.  He paid $3500, which is 1/2 of what the arrears were, but the child support order stated it was for two children - one of which is obviously not his.  The order states that jurisdiction is to remain in OK, enforced out of Bergen.  The other twist is that ex-wife has now remarried and living on an Indian Reservation on Federal Lands, but he's not sure exactly where.

Have any fellow members had success in staying/freezing enforcement of a child support order?  If so, any guidance or samples would be helpful.  Any thoughts on the jurisdictional issues?  Do state Courts have the ability to order paternity tests for children who live on federal lands?  Ultimately, he is concerned about the health and well being of his son.  He tried to reach out several years ago, but was discouraged by his ex and he gave up.  He will need to hire an OK attorney, so any help there would also be appreciated.  Her last know address was Tulsa.

Thanks in advance,

------------------------------
Henry Weinfeld Esq.
Woodbury NJ
(856)845-7851
------------------------------

I know there is a lot of exciting discussion going on about termination of child support at 19.  Even so, I hope that some of the family law section contributors can help me with the following (you just can't make this stuff up!):

A local sheriff's officer came in for a consultation this week.  After 7 years of not hearing from his ex, she decided to file a motion for child support.  My officer had a two year marriage to an exotic dancer in Oklahoma when he was in the military.  When he met her, she was pregnant.  He married her after she delivered the baby and he's not on the birth cert.  She had his child while he was overseas and the relationship ended in divorce when he says he "signed the paperwork" that was sent to him.  He has never met his son.

He was recently served with a summons to appear in Bergen County, because Oklahoma had his mother's address in Bergen, even though he's lived in Gloucester County for the last 3 years.  He paid $3500, which is 1/2 of what the arrears were, but the child support order stated it was for two children - one of which is obviously not his.  The order states that jurisdiction is to remain in OK, enforced out of Bergen.  The other twist is that ex-wife has now remarried and living on an Indian Reservation on Federal Lands, but he's not sure exactly where.

Have any fellow members had success in staying/freezing enforcement of a child support order?  If so, any guidance or samples would be helpful.  Any thoughts on the jurisdictional issues?  Do state Courts have the ability to order paternity tests for children who live on federal lands?  Ultimately, he is concerned about the health and well being of his son.  He tried to reach out several years ago, but was discouraged by his ex and he gave up.  He will need to hire an OK attorney, so any help there would also be appreciated.  Her last know address was Tulsa.

Thanks in advance,

------------------------------
Henry Weinfeld Esq.
Woodbury NJ
(856)845-7851
------------------------------

Be careful as to potential notice requirements because of situations where the Tribe is deemed a (mandatory) interested party. Check the Indian Child Welfare Act, NJ statutes and the state where the son lives as to the issue. 

Of note, your client should benefit from some CSG adjustments in connection with money from the tribe to mom and son.  (Mom may not have disclosed it when child support was calculated.) for example, pursue proof of her true unearned income and the tribe's other monetary contributions to her and the son.  I don't know if it's tribe dependent, but at least one tribe, even if not living on the reservation, pays 100% of college costs and a yearly share of it's gambling income.  I don't know the minimum age to share in the proceeds; maybe not just mom, but son too, qualifies, which would be great for your client.

------------------------------
Shelley J. Pedersen, Esq.

Pedersen Law Firm, LLC
Jamesburg NJ
(732) 641-2069

[email protected]
------------------------------


Original Message:
Sent: 07-24-2015 22:32
From: Henry Weinfeld
Subject: Motion to Stay Child Support Enforcement?

I know there is a lot of exciting discussion going on about termination of child support at 19.  Even so, I hope that some of the family law section contributors can help me with the following (you just can't make this stuff up!):

A local sheriff's officer came in for a consultation this week.  After 7 years of not hearing from his ex, she decided to file a motion for child support.  My officer had a two year marriage to an exotic dancer in Oklahoma when he was in the military.  When he met her, she was pregnant.  He married her after she delivered the baby and he's not on the birth cert.  She had his child while he was overseas and the relationship ended in divorce when he says he "signed the paperwork" that was sent to him.  He has never met his son.

He was recently served with a summons to appear in Bergen County, because Oklahoma had his mother's address in Bergen, even though he's lived in Gloucester County for the last 3 years.  He paid $3500, which is 1/2 of what the arrears were, but the child support order stated it was for two children - one of which is obviously not his.  The order states that jurisdiction is to remain in OK, enforced out of Bergen.  The other twist is that ex-wife has now remarried and living on an Indian Reservation on Federal Lands, but he's not sure exactly where.

Have any fellow members had success in staying/freezing enforcement of a child support order?  If so, any guidance or samples would be helpful.  Any thoughts on the jurisdictional issues?  Do state Courts have the ability to order paternity tests for children who live on federal lands?  Ultimately, he is concerned about the health and well being of his son.  He tried to reach out several years ago, but was discouraged by his ex and he gave up.  He will need to hire an OK attorney, so any help there would also be appreciated.  Her last know address was Tulsa.

Thanks in advance,

------------------------------
Henry Weinfeld Esq.
Woodbury NJ
(856)845-7851
------------------------------

Be careful as to potential notice requirements because of situations where the Tribe is deemed a (mandatory) interested party. Check the Indian Child Welfare Act, NJ statutes and the state where the son lives as to the issue. 

Of note, your client should benefit from some CSG adjustments in connection with money from the tribe to mom and son.  (Mom may not have disclosed it when child support was calculated.) for example, pursue proof of her true unearned income and the tribe's other monetary contributions to her and the son.  I don't know if it's tribe dependent, but at least one tribe, even if not living on the reservation, pays 100% of college costs and a yearly share of it's gambling income.  I don't know the minimum age to share in the proceeds; maybe not just mom, but son too, qualifies, which would be great for your client.

------------------------------
Shelley J. Pedersen, Esq.

Pedersen Law Firm, LLC
Jamesburg NJ
(732) 641-2069

[email protected]
------------------------------


Original Message:
Sent: 07-24-2015 22:32
From: Henry Weinfeld
Subject: Motion to Stay Child Support Enforcement?

I know there is a lot of exciting discussion going on about termination of child support at 19.  Even so, I hope that some of the family law section contributors can help me with the following (you just can't make this stuff up!):

A local sheriff's officer came in for a consultation this week.  After 7 years of not hearing from his ex, she decided to file a motion for child support.  My officer had a two year marriage to an exotic dancer in Oklahoma when he was in the military.  When he met her, she was pregnant.  He married her after she delivered the baby and he's not on the birth cert.  She had his child while he was overseas and the relationship ended in divorce when he says he "signed the paperwork" that was sent to him.  He has never met his son.

He was recently served with a summons to appear in Bergen County, because Oklahoma had his mother's address in Bergen, even though he's lived in Gloucester County for the last 3 years.  He paid $3500, which is 1/2 of what the arrears were, but the child support order stated it was for two children - one of which is obviously not his.  The order states that jurisdiction is to remain in OK, enforced out of Bergen.  The other twist is that ex-wife has now remarried and living on an Indian Reservation on Federal Lands, but he's not sure exactly where.

Have any fellow members had success in staying/freezing enforcement of a child support order?  If so, any guidance or samples would be helpful.  Any thoughts on the jurisdictional issues?  Do state Courts have the ability to order paternity tests for children who live on federal lands?  Ultimately, he is concerned about the health and well being of his son.  He tried to reach out several years ago, but was discouraged by his ex and he gave up.  He will need to hire an OK attorney, so any help there would also be appreciated.  Her last know address was Tulsa.

Thanks in advance,

------------------------------
Henry Weinfeld Esq.
Woodbury NJ
(856)845-7851
------------------------------

I agree that it's a fascinating topic, but on the level of more practical advice to the situation at hand in reference to the enforcement application:  I would research the Oklahoma guidelines, and run them for one child based on his income and zero income for her.   A hearing officer has discretion under UIFSA to enforce an order at a lower level when appropriate to do so, even if they cannot modify because the originating forum will have continuing exclusive jurisdiction. I would represent that he will file a motion in the correct forum within 10 days, and ask to enforce at a lower level until it is decided  then, as you or someone else said, get Oklahoma counsel. I would Google  around and find potential attorneys, and get a couple of options for the guy. 

I can also say without any doubt that Indian tribes do have Title IV  agencies (to receive federal funding for child support enforcement efforts). If you give me the name of the originating tribe, I can get you a conact person out there. I have contacted them over the drivers license issue so I will have a contact person for you.

------------------------------
David Perry Davis, Esq.
112 West Franklin Avenue
Pennington, NJ 08534
Voice: 609-737-2222

I know there is a lot of exciting discussion going on about termination of child support at 19.  Even so, I hope that some of the family law section contributors can help me with the following (you just can't make this stuff up!):

A local sheriff's officer came in for a consultation this week.  After 7 years of not hearing from his ex, she decided to file a motion for child support.  My officer had a two year marriage to an exotic dancer in Oklahoma when he was in the military.  When he met her, she was pregnant.  He married her after she delivered the baby and he's not on the birth cert.  She had his child while he was overseas and the relationship ended in divorce when he says he "signed the paperwork" that was sent to him.  He has never met his son.

He was recently served with a summons to appear in Bergen County, because Oklahoma had his mother's address in Bergen, even though he's lived in Gloucester County for the last 3 years.  He paid $3500, which is 1/2 of what the arrears were, but the child support order stated it was for two children - one of which is obviously not his.  The order states that jurisdiction is to remain in OK, enforced out of Bergen.  The other twist is that ex-wife has now remarried and living on an Indian Reservation on Federal Lands, but he's not sure exactly where.

Have any fellow members had success in staying/freezing enforcement of a child support order?  If so, any guidance or samples would be helpful.  Any thoughts on the jurisdictional issues?  Do state Courts have the ability to order paternity tests for children who live on federal lands?  Ultimately, he is concerned about the health and well being of his son.  He tried to reach out several years ago, but was discouraged by his ex and he gave up.  He will need to hire an OK attorney, so any help there would also be appreciated.  Her last know address was Tulsa.

Thanks in advance,

------------------------------
Henry Weinfeld Esq.
Woodbury NJ
(856)845-7851
------------------------------