Legal Question in Family Law in New Jersey

I've been living in NJ for over 7 years, my child is now 12 and also have been in NJ for over 7 years. I have been told that if I want to change the child support ($24 a week) then I would have to file in the state the father lives. I am unsure if he is still in Ohio or back in NY, honestly. We have no contact with him at all. My friends tell me not to since he often goes months without paying anything at all and never even sends cards to his own son.

Since I have not sought to change things since my son was a baby, what state would I have to file in? It doesn't seem to make sense to me that the state the child lives in wouldn't be where I would file but I can only read the laws, not interpret them.

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Asked on 3/28/12, 8:00 am

1 Answer from Attorneys

Amanda Best Best Law Office, LLC

Without reviewing any prior orders or paperwork associated with your case, you would have to file in the state where your last order was generated. So, if the last child support order was issued by a court in Ohio, you'd have to file in Ohio. There is also an option to file a motion for a change of venue (basically, location) of the case if you can show the court that none of the parties reside in that state and that it would be more beneficial, convenient, or efficient to move the case to a different state. Once venue was changed, you'd be able to file for child support in the new state where the case is transferred. Please keep in mind this is general information and that it's advisable to have an attorney review your prior court orders and discuss the facts with you to get an idea of what's appropriate in your specific circumstances. DISCLAIMER: Please be advised that this is general information for informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. It is strongly advised that you contact a local attorney to obtain legal advice specific to your case.

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Answered on 3/29/12, 10:56 am


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