Legal Question in Family Law in New York

Modification between states

I have a divorce agreement entered in NJ. My ex removed our kids from daycare claiming it wasn't needed any longer. Our support issue is handled in NY since that's where we were married and where my ex and children live. I need to modify the NY order to comply with the agreement in NJ but she is now dis-agreeing with the NJ order, even though it was a offer she made that I accepted. Can NY continue daycare at her request if she waived the cost of daycare in a divorce agreement in NJ? My lawyer claims that NY has to conform to the NJ order since she submitted to NJ jurisdiction by responding to the NJ divorce claim with a counter claim and traveling over 100 miles one way to appear in NJ court, twice. What do I believe?


Asked on 1/08/04, 5:39 pm

2 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Modification between states

The United States Constitution requires the various states to give full faith and credit to the judgments of other states. The New Jersey judgment must be filed with the court in New York to enforce it there.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

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Answered on 1/08/04, 6:49 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Modification between states

It is unlikely NY will give "full faith & credit " to the portion of the NJ divorce concerning the child care and support of the children without a full inquiry (discovery & inquest) in NY; and a Modification Petition of the existing NY Order.

Notwithstanding your ex's consent to the NJ Divorce and the contained issues concerning the children, NY retains continuing jurisdiction over the children of the marriage, since they are NY residents; and the pre-existing NY court order is valid and enforceable until modified in NY.

The NY Court Order is equivalent to a Stip in reference to the NJ Judgment. Which means it can or could have been incorporated by reference, but stands separate and apart from the NJ Judgment.

Please note, Your Ex's "waiver" or "consent" to jurisdiction only refers or is limited to her and the "divorce" portion of the action. It does not waive any support or care rights the children may have in NY.

GOOD LUCK.

PHROSKA L. McALISTER, ESQ

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Answered on 1/09/04, 10:16 am


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