I was given a default judgement on my child support order, but have a new court date since the court messed up. I was court ordered to pay child support for the default order but was wondering if it was too late to challenge jurisdiction for the next court date. The mother and child have lived out of NJ for almost 2 years. They live in Alabama where cost of living is tremendously different. Thanks.
There is a uniform law that most states have adopted that says that jurisdiction is appropriate in the original court where a custody or support case was filed as long as one party still resides in the county where the case was originally filed. So if you still live where the case was originally filed, jurisdiction is still appropriate there. If no one lives in that county any longer, then jurisdiction is appropriate where the children now reside.
DISCLAIMER: This message is intended as a general discussion of legal issues and not as a statement of fact, legal advice or a legal opinion. No attorney-client relationship is created by this message. Do not act or rely upon law-related information in this communication without seeking the advice of an attorney licensed to practice in the relevant area. I am a Federally Designated Debt Relief Agency under the United States Bankruptcy Code. I proudly help people in financial need file bankruptcy cases. IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).
You may be able to fight jurisdiction.
On the other hand, I am sure that you should try to get the Court to use the accurate information about your income, her income and other facts. That should help you a lot.
A good lawyer can really help. Call an experienced divorce lawyer, and get some assistance with this complicated legal situation.
Please mark this answer as "Helpful" or "Best Answer" if my advice helped you. AND NOW THE DISCLAIMER: Please keep in mind that my response is just a general comment on your question, and not legal advice. I have answered based upon the law of the State of New Jersey where I practice; the laws in other states may be very different, and may result in very different outcomes. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written as legal advice, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. The exact facts of your situation may give you a very different result.
If you live in New Jersey it is most likely that the matter would remain in New Jersey. If you believe the child support is the wrong amount, then you could file a motion and present your current financial information and ask for a recalculation.
This answer does not constitute the establishment of an attorney/client relationship nor is there any guarantee that this advice will be completely effective in a court of law. A consultation, including review of court orders and other documents is necessary in order for me to give you proper advice and guidance.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline