Since no party or child lives in NY, a new state would need to retain continuing exclusive jurisdiction. You would register the NY Order in NJ and ask NJ to take CEJ (continuing exclusive jurisdiction) and modify the NY order. I was UIFSA counsel in Ocean County for several years.
CORINNE CAMPI, ESQUIRE
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Wall, NJ 07719
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Original Message------
Client lives in North Carolina. Child Support Order entered in New York, a few years back. The child and mother have lived in New Jersey for the past year plus. Client wants to modify child support based upon reduced earnings.
What is the appropriate process? Does the client first have to file in New York to have a chance of jurisdiction granted or can he file directly in New Jersey, while applying New York law? If he files in New Jersey and the reduction is granted, does he then have to file in New York to seek enforcement of the reduced support amount?
Is it easier to simply handle everything in New York to avoid the bureaucratic nightmare?
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David Cardamone Esq.
Little Silver NJ
(732)741-6769
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