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If we move out of state with the kids...

Posted by on Sep. 26, 2013 at 2:25 PM
  • 6 Replies
Will I have to file for child support there or can I keep my order in NJ?
by on Sep. 26, 2013 at 2:25 PM
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jlg12678
by Gold Member on Sep. 26, 2013 at 2:29 PM
1 mom liked this

Normally you have to keep it with the state you originally filed in.

Birdseed
by Platinum Member on Sep. 27, 2013 at 11:07 AM

The Uniform Interstate Family Support Act is recognized/followed by many but not all states.  That basically says that the whichever jurisdiction initiated the original order keeps jurisdiction if both parties stay in the same jurisdiction and even if one party moves unless he/she files to have the jurisdiction moved.  I believe that whomever has the kids the majority of the time is more likely to be granted a change of jurisdiction.

If the NCP moves out of jurisdiction but the children remain in the jurisdiction, I'm not sure that a change would be granted.

So for example, we pay CS based off of the order in our home state where the kids are primarily residing at this time.  The cost of living for BM has not changed.

However, you might find that it would make sense to check into the various state laws/calculators and speak to an attorney because if you're moving to a place where the cost of living is more or less than where you currently live because that may come into play.  If you are moving to a place with a higher cost of living that is factored into the calculation, you may or may not be able to try to get a modification to reflect that.  But if you move to a place with a lower calculation due to cost of living, your ex may wish to ask for a modification.

Motherof3inNJ
by Member on Sep. 27, 2013 at 11:24 AM
I live in Northern NJ and I would be moving closer to my hometown in Southeastern MA. The cost of living is slightly lower. The NCP has no contact with us and hasn't for years, he is unaware of where we live now. And he no longer lives in NJ. When I move will I be asked to file in MA if I apply for Medicaid for the kids? Or will they not care where my order is?

Quoting Birdseed:

The Uniform Interstate Family Support Act is recognized/followed by many but not all states.  That basically says that the whichever jurisdiction initiated the original order keeps jurisdiction if both parties stay in the same jurisdiction and even if one party moves unless he/she files to have the jurisdiction moved.  I believe that whomever has the kids the majority of the time is more likely to be granted a change of jurisdiction.

If the NCP moves out of jurisdiction but the children remain in the jurisdiction, I'm not sure that a change would be granted.

So for example, we pay CS based off of the order in our home state where the kids are primarily residing at this time.  The cost of living for BM has not changed.

However, you might find that it would make sense to check into the various state laws/calculators and speak to an attorney because if you're moving to a place where the cost of living is more or less than where you currently live because that may come into play.  If you are moving to a place with a higher cost of living that is factored into the calculation, you may or may not be able to try to get a modification to reflect that.  But if you move to a place with a lower calculation due to cost of living, your ex may wish to ask for a modification.

Birdseed
by Platinum Member on Sep. 27, 2013 at 11:28 AM

I don't know the answer to that.  An attorney or the state website would be your best bet.  However, I can tell you that if you file for medicaid, they will most likely be trying to recoup from your ex.  I have helped process paperwork as the employer of NCPs whose children were being put on state assistance and the state most definitely came after them for $$, even if they were already paying support.

You might want to chat w/ an attorney or do the research w/ the CS office before filing anything.

paulswifey11
by on Sep. 27, 2013 at 12:36 PM
Child support stays where you file. The only way that changes is if you have to change the rest of the case there. If ever comes a time where you need to go back to court then you will file for a change of courts.
LyndaLoo78
by Skeletor on Sep. 27, 2013 at 1:05 PM

NJ maintains jurisdiction over all matters, CS and custody, until you file/request to have the matter moved to a new jurisdiction.  That request may or may not be granted.

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