NJSBA Family Law Section

 View Only

  • 1.  Referral needed for family law attorney in Hampton VA

    Posted 09-22-2016 11:24 AM

    Good morning,

    My client's child support case was transferred to Hampton VA where the payor resides. The payor is seeking a reduction of child support and my client has received a summons to appear in that court for  hearing on the payor's application. 

    Does anyone know a good attorney in the area that might be able to help him?

    Thanks,

    Rosanne

    ------------------------------
    Rosanne DeTorres Esq.
    Flemington NJ
    (908) 284-6005
    ------------------------------


  • 2.  RE: Referral needed for family law attorney in Hampton VA

    Posted 09-22-2016 02:34 PM
    Unless both parties moved there, there's a problem with this. New Jersey retains continuing exclusive jurisdiction to modify the obligation. Virginia's jurisdiction is limited to enforcement. The "best" they could do would be to say that "so long as $XX is paid, no coercive action will be taken, but arrears will continue to accrue."  Check UIFSA and case law on it -- https://scholar.google.com/scholar?hl=en&as_sdt=4,31&q=uifsa+%22continuing+exclusive+jurisdiction%22&scisbd=2 .

    Virginia counsel's role should be to have a modification hearing cancelled - only an enforcement hearing can go forward.


    David Perry Davis, Esq.
    ----------------------------------------------------
       www.FamilyLawNJ.pro
    ----------------------------------------------------
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax:    609-737-3222

    At 11:24 AM 9/22/2016, you wrote:
    Good morning, My client's child support case was transferred to Hampton VA where the payor resides. The payor is seeking a reduction of child...
    <x-sigsep>

    </x-sigsep>



    Original Message