Legal Question in Family Law in New Jersey

Re: Moving out of state for health reasons

I would think that the 40 mile rule would have applied when visitation was occuring with the child, living at the home, on a regular basis. If the child is not living there, the 40 mile rule would not appear to have any reason for existence anymore, giving a reason to negate it. In any case, once a child goes off to school, while not emancipated, there is still a substantial change of circumstance which adjusts child support (possibly down to zero) and adjusts other matters as well. The bottom line is that you need a careful analysis with an attorney before your question can be fully answered. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, [856-546-8010] mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner

Re: Moving out of state for health reasons

The 40 mile radius set forth in your Divorce most likely pertained to custody and parenting time. Once your child goes off to college, that is likely not going to be an issue. However, a child's graduation from high school and attendance at college is a substantial change in circumstances which may warrant modification of your child support, which could potentially be terminated depending upon the circumstances. This advice is based upon the minimal information that you provided in your question. These issues are fact sensitive and require a full and complete examination of the history of your matter and the current circumstances of both you and your former husband. If you would like to schedule a consultation to further discuss this matter, please feel free to call my secretary Debbie at 856-795-6700.

Re: Moving out of state for health reasons

Thank you for your inquiry. While I believe that you will be successful with your relocation, I need to learn more facts before making any conclusions regarding child support.

It would be my pleasure to speak to you about your potential divorce. Accordingly, please feel free to contact my office at 732 246 0909 to discuss further.

Very truly yours,

Edward R. Weinstein

214 Highway 18

East Brunswick, NJ 08816

Phone: 732-246-0909

Fax: 732-246-2888

E-mail: [email protected]

Web Page: www.edwardweinstein.com