NJSBA Family Law Section

Hi all.  I have a client who was divorced  out of state  years ago. My client  moved to NJ with the children during the divorce  and she is designated as the  custodial parent    Husband eventually moves to NJ but then moves out of state again.  She is having parenting time issues, wants child support recalculated and there are some outstanding equitable distribution issues. What is the process to move the case to NJ? Thanks so much.

------------------------------
Amy B. Hansel Harris,  Esq.
Bradley Beach NJ
(732) 774-1212
------------------------------

If they won't sign a consent order, you just have to record it here by filing it and getting docket number.

Albertina Webb, Esq. , Wilentz, Goldman & Spitzer, P.A., 90 Woodbridge Center Drive, Suite 900, Box 10, Woodbridge, New Jersey 07095-0958 - (732) 855-6162; Fax: (732) 726-4707


Original Message------

Hi all.  I have a client who was divorced  out of state  years ago. My client  moved to NJ with the children during the divorce  and she is designated as the  custodial parent    Husband eventually moves to NJ but then moves out of state again.  She is having parenting time issues, wants child support recalculated and there are some outstanding equitable distribution issues. What is the process to move the case to NJ? Thanks so much.

------------------------------
Amy B. Hansel Harris,  Esq.
Bradley Beach NJ
(732) 774-1212
------------------------------

Thanks Abby! I know I won't have consent.  What is the process to file it?

------------------------------
Amy Hansel Esq.
Bradley Beach NJ
(732) 774-1212
------------------------------


Original Message:
Sent: 03-24-2015 16:46
From: Albertina Webb
Subject: Registering an out of state JOD

If they won't sign a consent order, you just have to record it here by filing it and getting docket number.

Albertina Webb, Esq. , Wilentz, Goldman & Spitzer, P.A., 90 Woodbridge Center Drive, Suite 900, Box 10, Woodbridge, New Jersey 07095-0958 - (732) 855-6162; Fax: (732) 726-4707

I actually just pulled this up today. Hope it helps!


___________________________
ADRIANNA ALTAMIRANO
Attorney At Law
[cid:[email protected]]
PARIS P. ELIADES LAW FIRM LLC
48 SPARTA AVE
SPARTA, NJ 07871
TEL: (973)726-0555 FAX: (973)729-3809
www.spartafamilylaw.com<http: www.spartafamilylaw.com/="">


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Original Message------

If they won't sign a consent order, you just have to record it here by filing it and getting docket number.

Albertina Webb, Esq. , Wilentz, Goldman & Spitzer, P.A., 90 Woodbridge Center Drive, Suite 900, Box 10, Woodbridge, New Jersey 07095-0958 - (732) 855-6162; Fax: (732) 726-4707

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Thank you! 

------------------------------
Amy Hansel Esq.
Bradley Beach NJ
(732) 774-1212
------------------------------


Original Message:
Sent: 03-24-2015 16:47
From: Adrianna Altamirano
Subject: Registering an out of state JOD

I actually just pulled this up today. Hope it helps!


___________________________
ADRIANNA ALTAMIRANO
Attorney At Law
[cid:[email protected]]
PARIS P. ELIADES LAW FIRM LLC
48 SPARTA AVE
SPARTA, NJ 07871
TEL: (973)726-0555 FAX: (973)729-3809
www.spartafamilylaw.com<http: www.spartafamilylaw.com="">


** CONFIDENTIALITY NOTICE**
The information contained in this e-mail is intended only for the personal and confidential use of the recipient(s) named above. This message may be an attorney-client communications and as such is privileged and confidential. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this message in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.

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</http:>

Hi Amy.



I recently docketed an out of state judgment.



The form letter Adrianna kindly sent is 13 years old. The fee is definitely more than five bucks.



My 2014 letter to the Superior Court follows. But the fees might even be higher now!!!



You should contact the Superior Court of NJ in Trenton to discuss.



Hanan



========================

Judgment Processing Services

Superior Court Clerk's Office

P.O. Box 971

Trenton, NJ 08625



RE: Bank v. Debtor



Dear Sir or Madam,



Enclosed please find an original and 3 copies of an Affidavit to Record a Foreign Judgment and a Certified Final Judgment in the above case, entered in the Court of Common Pleas, Franklin County, OH, on March 19, 2014.



Please docket this out of state judgment as a New Jersey judgment for enforcement purposes and return to this office one fully-docketed judgment and a stamped copy of the Affidavit, in the pre-stamped and self-addressed envelope provided herewith.



I also enclose the required filing fee of $35, check #1954, made payable to Treasurer, State of New Jersey.



Very truly yours,





Hanan M. Isaacs, Esq.


Original Message------

Thank you! 

------------------------------
Amy Hansel Esq.
Bradley Beach NJ
(732) 774-1212
------------------------------


Original Message:
Sent: 03-24-2015 16:47
From: Adrianna Altamirano
Subject: Registering an out of state JOD

I actually just pulled this up today. Hope it helps!


___________________________
ADRIANNA ALTAMIRANO
Attorney At Law
[cid:[email protected]]
PARIS P. ELIADES LAW FIRM LLC
48 SPARTA AVE
SPARTA, NJ 07871
TEL: (973)726-0555 FAX: (973)729-3809
www.spartafamilylaw.com<http: www.spartafamilylaw.com="">


** CONFIDENTIALITY NOTICE**
The information contained in this e-mail is intended only for the personal and confidential use of the recipient(s) named above. This message may be an attorney-client communications and as such is privileged and confidential. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this message in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.

** NOTICE **
If you are attaching any legal documents to your email to this attorney or will contend that this email constitutes confirmed receipt or effective legal service, you must also serve or send the same by a traditional hard copy delivery method to ensure receipt.






</http:>

Look into the New Jersey UCCJEA (custody and parenting time) and UIFSA (for child support).

[Stark and Stark]<http: www.stark-stark.com/="">
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Louis M. Ragone, Esq.
Associate

993 Lenox Drive
Lawrenceville, NJ 08648
T: 609.219.7448
F: 609.896.0629
E-mail: [email protected]<mailto:[email protected]>
www.NJDivorceAttorney.com<http: www.njdivorceattorney.com/="">


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Original Message------

Hi all.  I have a client who was divorced  out of state  years ago. My client  moved to NJ with the children during the divorce  and she is designated as the  custodial parent    Husband eventually moves to NJ but then moves out of state again.  She is having parenting time issues, wants child support recalculated and there are some outstanding equitable distribution issues. What is the process to move the case to NJ? Thanks so much.

------------------------------
Amy B. Hansel Harris,  Esq.
Bradley Beach NJ
(732) 774-1212
------------------------------</http:></mailto:[email protected]></http:></https:></http:></https:></http:></http:></http:></http:>

There is a long-arm issue if the former husband does not reside in the state.  Does his stay in NJ submit him to jurisdiction for child support purposes?  Jurisdiction for custody is different than for child support.  Check the UCCJEA for jurisdiction re custody.  For child support, check the UIFSA statute, NJSA 2A:4-30.68.
------------------------------
Mitch Steinhart, Esq.
Bergen County Board of Social Services
Rochelle Park, NJ
------------------------------


Original Message:
Sent: 03-24-2015 16:41
From: Amy Hansel
Subject: Registering an out of state JOD

Hi all.  I have a client who was divorced  out of state  years ago. My client  moved to NJ with the children during the divorce  and she is designated as the  custodial parent    Husband eventually moves to NJ but then moves out of state again.  She is having parenting time issues, wants child support recalculated and there are some outstanding equitable distribution issues. What is the process to move the case to NJ? Thanks so much.

------------------------------
Amy B. Hansel Harris,  Esq.
Bradley Beach NJ
(732) 774-1212
------------------------------

The proper procedure is to file a Complaint to Register Foreign Judgment. [See attached form].


Faith A. Ullmann Esq.
97 Main Street,
Newton, NJ 07860
Office # 973-579-9700
Fax # 973-579-9707
[email protected]<mailto:[email protected]>
www.faudivorcelaw.com<http: www.faudivorcelaw.com/="">
Visit us on Facebook<https: www.facebook.com/pages/faith-a-ullmann-associates-llc/575453149139666?ref="hl">

CONFIDENTIALITY NOTICE: The information contained in this correspondence may be privileged and confidential information intended for the sole use of the persons or entities named on this correspondence. If you are not an intended recipient of this correspondence, the dissemination, distribution, copying or use of the information contained therein is strictly prohibited. If you have received this correspondence in error, please contact the sender immediately to arrange for the return of this information.


Original Message------

Hi all.  I have a client who was divorced  out of state  years ago. My client  moved to NJ with the children during the divorce  and she is designated as the  custodial parent    Husband eventually moves to NJ but then moves out of state again.  She is having parenting time issues, wants child support recalculated and there are some outstanding equitable distribution issues. What is the process to move the case to NJ? Thanks so much.

------------------------------
Amy B. Hansel Harris,  Esq.
Bradley Beach NJ
(732) 774-1212
------------------------------</https:></http:></mailto:[email protected]>

Hi Faith.



Do you think out of state divorce judgments are treated differently from other out of state judgments?



I was prepared to file a complaint to domesticate my client's out of state NON divorce judgment, and was told there is no need to do so.



Hanan


Original Message------

The proper procedure is to file a Complaint to Register Foreign Judgment. [See attached form].


Faith A. Ullmann Esq.
97 Main Street,
Newton, NJ 07860
Office # 973-579-9700
Fax # 973-579-9707
[email protected]<mailto:[email protected]>
www.faudivorcelaw.com<http: www.faudivorcelaw.com/="">
Visit us on Facebook<https: www.facebook.com/pages/faith-a-ullmann-associates-llc/575453149139666?ref="hl">

CONFIDENTIALITY NOTICE: The information contained in this correspondence may be privileged and confidential information intended for the sole use of the persons or entities named on this correspondence. If you are not an intended recipient of this correspondence, the dissemination, distribution, copying or use of the information contained therein is strictly prohibited. If you have received this correspondence in error, please contact the sender immediately to arrange for the return of this information.

</https:></http:></mailto:[email protected]>

I can't believe that there is such a difference of opinion on this issue, but I am so glad I posted. Originally, I was not going to ask the question because I thought maybe there was a simple answer and I just did not know it! I know that one attorney has had success doing this by way of motion.  I am wondering now if there is a difference county to county ( I know there shouldn't be but realistically we all know things differ from time to time.)

------------------------------
Amy Hansel Esq.
Bradley Beach NJ
(732) 774-1212
------------------------------


Original Message:
Sent: 03-24-2015 16:41
From: Amy Hansel
Subject: Registering an out of state JOD

Hi all.  I have a client who was divorced  out of state  years ago. My client  moved to NJ with the children during the divorce  and she is designated as the  custodial parent    Husband eventually moves to NJ but then moves out of state again.  She is having parenting time issues, wants child support recalculated and there are some outstanding equitable distribution issues. What is the process to move the case to NJ? Thanks so much.

------------------------------
Amy B. Hansel Harris,  Esq.
Bradley Beach NJ
(732) 774-1212
------------------------------

Hi Amy, Did he return to the original state? That is a big question when it comes to the support issue because that state would still have CEJ. Only if he returned to another state would New Jersey take Continuing Exclusive Jurisdiction. So, if Husband moved back to the state that they were divorced in, that state may still have CEJ (continuing exclusive jurisdiction) and you would have to file through UIFSA to modify support in that state. You could argue that the originating state lost CEJ because Husband moved from the originating state to NJ but it is a long shot. I used to be UIFSA counsel in Ocean County. I am a little rusty, but am pretty sure about this one. If Husband moved to a different state, no one has CEJ. You register the judgment in NJ and ask NJ to take CEJ. As far as ED is concerned, I would again look at where Husband is. If he moved back to the originating state, that state may still have jurisdiction over the ED issues.

CORINNE CAMPI, ESQUIRE
1704 Maxwell Drive, Suite 201
Wall, NJ 07719
(732) 556-0525 / FAX (732) 556-0526
CONFIDENTIALITY NOTE

The information contained in this fax and accompanying facsimile are from the Law Office of Corinne Campi, Esquire and are priviledged and confidential information. The information is intended only for the use of the individual or entity named on this transmission sheet. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemniation, copying, distribution or the taking of any actino in reliance of the contents of this communication is strictly prohibited. If you have received this communication in error, please immediately notify the Law Office of Corinne Campi, Esquire so that we can arrange for the return of the original documents to us. Thank you for your anticipated cooperation.


Original Message------

I can't believe that there is such a difference of opinion on this issue, but I am so glad I posted. Originally, I was not going to ask the question because I thought maybe there was a simple answer and I just did not know it! I know that one attorney has had success doing this by way of motion.  I am wondering now if there is a difference county to county ( I know there shouldn't be but realistically we all know things differ from time to time.)

------------------------------
Amy Hansel Esq.
Bradley Beach NJ
(732) 774-1212
------------------------------


Original Message:
Sent: 03-24-2015 16:41
From: Amy Hansel
Subject: Registering an out of state JOD

Hi all.  I have a client who was divorced  out of state  years ago. My client  moved to NJ with the children during the divorce  and she is designated as the  custodial parent    Husband eventually moves to NJ but then moves out of state again.  She is having parenting time issues, wants child support recalculated and there are some outstanding equitable distribution issues. What is the process to move the case to NJ? Thanks so much.

------------------------------
Amy B. Hansel Harris,  Esq.
Bradley Beach NJ
(732) 774-1212
------------------------------

Thanks Corrine. Husband never returned to original state.  She was not living there at time of divorce and he moved to NJ shortly after the divorce (which was in 2008)  In about 2013, he left NJ and now lives in another state, but not the state where they divorced.  I just want to do this right the first time and I don't know if I register the Judgment of Divorce via letter, complaint or motion, and, if its via complaint or motion can I seek relief on the ED issue, as well as all of the other issues all at once or do I have to get it registered and then file the motion?

------------------------------
Amy Hansel Esq.
Bradley Beach NJ
(732) 774-1212
------------------------------


Original Message:
Sent: 03-25-2015 15:55
From: Corinne Campi
Subject: Registering an out of state JOD

Hi Amy, Did he return to the original state? That is a big question when it comes to the support issue because that state would still have CEJ. Only if he returned to another state would New Jersey take Continuing Exclusive Jurisdiction. So, if Husband moved back to the state that they were divorced in, that state may still have CEJ (continuing exclusive jurisdiction) and you would have to file through UIFSA to modify support in that state. You could argue that the originating state lost CEJ because Husband moved from the originating state to NJ but it is a long shot. I used to be UIFSA counsel in Ocean County. I am a little rusty, but am pretty sure about this one. If Husband moved to a different state, no one has CEJ. You register the judgment in NJ and ask NJ to take CEJ. As far as ED is concerned, I would again look at where Husband is. If he moved back to the originating state, that state may still have jurisdiction over the ED issues.

CORINNE CAMPI, ESQUIRE
1704 Maxwell Drive, Suite 201
Wall, NJ 07719
(732) 556-0525 / FAX (732) 556-0526
CONFIDENTIALITY NOTE

The information contained in this fax and accompanying facsimile are from the Law Office of Corinne Campi, Esquire and are priviledged and confidential information. The information is intended only for the use of the individual or entity named on this transmission sheet. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemniation, copying, distribution or the taking of any actino in reliance of the contents of this communication is strictly prohibited. If you have received this communication in error, please immediately notify the Law Office of Corinne Campi, Esquire so that we can arrange for the return of the original documents to us. Thank you for your anticipated cooperation.

Hi Amy.



Why not just call the following office and find out whether or not out of state family court judgments are treated the same as out of state other civil judgments?

Judgment Processing Services

Superior Court Clerk's Office



There should be no meaningful difference county by county on an issue like this, as Family Court is supposed to be a statewide unified system (sometimes honored in the breach, but still).



Hanan


Original Message------

I can't believe that there is such a difference of opinion on this issue, but I am so glad I posted. Originally, I was not going to ask the question because I thought maybe there was a simple answer and I just did not know it! I know that one attorney has had success doing this by way of motion.  I am wondering now if there is a difference county to county ( I know there shouldn't be but realistically we all know things differ from time to time.)

------------------------------
Amy Hansel Esq.
Bradley Beach NJ
(732) 774-1212
------------------------------


Original Message:
Sent: 03-24-2015 16:41
From: Amy Hansel
Subject: Registering an out of state JOD

Hi all.  I have a client who was divorced  out of state  years ago. My client  moved to NJ with the children during the divorce  and she is designated as the  custodial parent    Husband eventually moves to NJ but then moves out of state again.  She is having parenting time issues, wants child support recalculated and there are some outstanding equitable distribution issues. What is the process to move the case to NJ? Thanks so much.

------------------------------
Amy B. Hansel Harris,  Esq.
Bradley Beach NJ
(732) 774-1212
------------------------------