Monday, February 18, 2013

Multiple States, Multiple Problems

What happens to the child support orders if Mom and child live in New York but eventually move to New Jersey where Dad resides?  If Mom obtained a child support order in New York, does the child support stay there . . . even if no one lives there any more?

The New Jersey Appellate Division recently addressed this very fact pattern in Alayon v. Demeter, a complicated custody and child support case.  Mom and child had lived in New York but Dad lived in New Jersey.  Dad sued for custody and after fourteen days of trial in New York, the court decided that Dad would be the primary custodian, unless Mom moved to New Jersey.  If so, they could share custody.  Mom indeed moved to New Jersey, however, support remained in New York.  Despite that, Mom filed a Petition for Support in New Jersey.

After a long and complicated trip through the complex procedural history, the Court ultimately decided that the child support would remain in New York until someone registered the child support order in New Jersey.  You can read the entire case here.

Moving?  Do not forget to register your support/custody order in the new jurisdiction!

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