Dave:
The only jurisdiction over child support is in NJ, where the proposed payor is residing. See the U.S. Supreme court case of Kulko v. Superior Court of California.
Robert E. Goldstein, Esq.
Drescher & Cheslow, P.A.
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Original Message------
Children are visiting dad in Florida for the summer and reveal abuse was occurring in NJ, primarily from step-father with mom not believing / not supporting the kids. One becomes suicidal when told he has to return to NJ at the end of the summer. After 18 months of litigation in NJ, multiple evaluations, and a GAL report, the court in NJ relinquishes jurisdiction "over custody and related issues" to FL and lets the kids continue to stay there with dad.
Dad speaks to Florida counsel about filing for support. He's told by FL counsel that it's a separate analysis and NJ relinquishing jurisdiction over custody does not create jurisdiction in Florida for him to seek support there.
We file a motion in NJ to establish child support.
Mom's counsel says "NJ can't hear this - jurisdiction was transferred."
I'm looking for a quick cite (UIFSA, Parentage Act, case) to rebut this defense - that transfer of jurisdiction over custody and parenting time does not deprive NJ of jurisdiction to determine CS.
If anyone can point me toward a case or other authority, it'd be appreciated.
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