My daughter was born in NY. I sought child support where, I, as the custodial parent currently reside (NJ). However, my ex as a non custodial parent threatens that I will not get any support if I move back to NY, which I know is a lie. He has a child from a previous relationship that he supports, however, he is already over 21 years of age. This man makes 6 figures as a foreman under the union and also makes several thousand under the table for non union work on weekends.
Under N.J.S.A. 2A:34-23 can the court enforce before / after child care. Also NCP removed health insurance without my knowledge and I know pay for her insurance. What are the steps for me to move child support jurisdiction from NJ to NY. What are my legal rights to protect child support for my daughter?Since Uniform Child Custody Jurisdiction And Enforcement Act ("UCCJEA") became effective in 2011, how does this affect the child support jurisdiction?
There is no need for you to seek a "relocation" of jurisdiction regarding child support. If an Order of child support has been established in New Jersey you can still receive payments in accordance with the same if you relocate to NY; if payments are managed through the Probation Department, the Probation Department will forward you checks where ever you may reside.
If you are incurring new expenses associated with day care or health insurance for your child you can file an application to modify the child support the child's father pays to address such expenses (as such expenses are contemplated within a calculation of child support in accordance with the Child Support Guidelines).
In the event you are determined to review your rights under New York law you should re-post your inquiry in the New York Section.
The Answer provided was based on the limited information provided, and represents information based on the law in general, not a legal opinion that can be relied upon. Before a formal legal opinion can be offered I would need an opportunity to review all possible relevant facts and circumstances. You cannot rely on the advice of an attorney given over the internet. The exact facts of your sitaution, including facts which you have not mentioned in your question, may completely change the opinion that is being offered. Please be aware that the above comments are neither protected by attorney-client privilege, nor may the same be the basis for a malpractice lawsuit.
1. While you may not move out of the state of NJ without NCP's consent or court order, moving does not affect child support. If child support is paid through probation, you will contact probation with your NY address. They will probably tell you to contact NY probation where they will send payment who will then send it to you.
2. If before and after care is not in the order, a motion must be filed to add it.
3. Removal of health insurance could be a violation.
NJ would have jurisdiction.
DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed
Sign up to receive a 5-part series of useful information and advice about child custody law.
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