Legal Question in Family Law in New Jersey

Where is the proper venue for child support?

I was never married to my child's mother. We use to live in kentucky and the court issued a child support order 1996. I was paying the amount based on that order since then. In 2003 she moved and didn't tell me where so I stopped paying. I moved to NJ and just found out a few months ago that she is in Florida with my child. A few weeks ago I was served with a complaint for a modification and for arrears.

My question is, where is the proper venue for child support? Kentucky with the orginal order, Florida where she lives with the child, or New Jersey where I live? Please let me know the basis for the answer and if there is anything I can do to prevent New Jersey from having venue.

Thanks


Asked on 4/02/06, 4:45 pm

1 Answer from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Where is the proper venue for child support?

Neither of you live in Kentucky. The child resides in Florida and we are talking about child support; the proper venue is Florida.

You could be served under the interstate compact

and in that case your support will be determined in the county where you reside, but I would think that the applicable law would be the law of Florida, although I have not read the interstate act on child support in some time and the applicable law may be that of the state where the noncustodial parent resides.

If the motion is merely filed in a Florida Court the matter will be determined in Florida under it's state law.

Gary Moore, Esquire

Hackenack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 4/02/06, 5:13 pm


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