Yes. Over the many years I have been practicing as a child support lawyer, it has become more and more common for people to move out of state after a divorce or breakup, either for work, family, or just a fresh start. As the attorneys at our law firm embrace, relocating becomes complicated when there are children involved, as the laws pertaining to child support and custody are different from state to state. In an effort to remedy the confusion in determining jurisdiction between states, the United States Congress passed the Uniform Interstate Family Support Act, which gave a state that entered a controlling child support order, the authority to exercise continued jurisdiction to modify that order. Recent amendments to the law, however, allow parents, that have both moved out of state, to consent to giving jurisdiction to their new state. In Lall v. Shivani, mother Monisha Shivani challenged the exercise of continuing exclusive jurisdiction of the Superior Court of New Jersey, Family Part of Hudson County, and appealed from a post judgment order dated January 5, 2015 that denied the reconsideration of orders that modified her child support obligations. She argued that the orders should be vacated because she moved to North Carolina, her child’s home state, and so New Jersey Family Part courts no longer had jurisdiction to review the issue. The governing statute, the Uniform Interstate Family Support Act, codified in this state as New Jersey Statute 2A:4-30.124 to -30.201, was recently amended, and incorporated provisions that abrogated the previous provisions that gave authority to New Jersey Family Part courts to modify a child support order when the parent and child no longer live in the State of New Jersey. However, when the orders at issue were entered, the previous version of the Act, currently repealed, was controlling law.
Archives for 2018
During A N.J. Child Support Hearing, Do I Have A Right To Know The Other Parent’s Income?
Yes. The child support lawyers at our East Brunswick, New Jersey, law firm will always ensure that we receive any and all information regarding a parent’s income in order to ensure that the children are protected. Furthermore, our attorneys always make sure that both parents are paying the proper amount as per New Jersey’s child support guidelines. In the following case, a parent went to a child support hearing and asked for an adjournment because she had not been allowed to review the other parent’s income documentation. The trial judge denied her request. However the New Jersey Appellate decision reversed the trial court because she should have been granted an opportunity to review this information before the child support hearing took place.
Spouse Discovers After Divorce Where The Ex Was Hiding Assets
Obviously, a marriage is based upon trust. However, if your spouse is being secretive about finances, it is only inevitable that you may ask yourself, “What else is he (or she) hiding?” I cannot begin to tell you how many folks have come to visit my law firm over the years because of secrecy and lies. Often, the spouse then discovers other secrets, typically a paramour. I recently had a case where my client’s brother-in-law explained to her that he knew his brother was about to move “a lot” of money to Cairo, Egypt. She then broke into his email and found out that he was about to wire approximately $400,000. Once she hired me as her lawyer, we immediately filed a Complaint for Divorce as well as an Order to Show Cause. Within 24 hours I was successful in obtaining a Court Order freezing all assets pending the finalization of the divorce. In this divorce case I was one fortunate lawyer in that my client discovered the evidence before the divorce was over. This is because, as a divorce attorney for decades now, I understand that to reopen a divorce if the assets are found after the divorce is over can be quite difficult.
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If I Have A Child Custody Issue After I Moved To A Different State, What Court May I Go To For Relief?
As child custody lawyers here in New Jersey, my law firm has handled many cases that involve people who move from state to state with their children. It can become confusing as to where to address future issues between the parties when you get divorced in one state, now live in another, and your former spouse lives in yet another state. I see this issue arise the most in the context of custody and support matters related to the minor children of a former marriage. Most people are not sure where to go or where to file something if they have to deal with these types of issues and have moved to another state. This can create a sense of uneasiness and doubt has to how to proceed with your case. This article will help guide you in the right direction.
Will A Memorandum of Understanding Be Upheld Even If It Is Not Signed?
After 20 years of being a lawyer here in New Jersey, I have often advised my client’s that if a divorce or child custody agreement is not signed by both parties, it is unlikely to be upheld by a New Jersey Family Court. However, one of my associate attorneys at my law firm about a recent case that just came down ( Campbell v. Campbell ), in which a Memorandum of Understanding regarding the custody and parenting time was sustained even though neither party had signed the agreement.
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When May Parental Rights Be Terminated In New Jersey?
In New Jersey, a parent’s rights can be terminated either voluntarily or involuntarily. While voluntary termination of parental rights is not common, sometimes a parent will voluntarily give up custody of his or her child. If this happens, the parent will most likely consent to having his or her child adopted or will be involved in a State of New Jersey, Department of Children and Families (DCP formerly known as DYFS) action. If agreed to willingly by the parent and witnessed by a public notary, this type of termination of parental rights is binding and irreversible.
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