Legal Question in Family Law in New Jersey
Out of State Parental Plan
A divorce occured in WA state, with a parental plan put in place. The wife moved with the only child to New Jersey with the fathers permission. The Father has kept up his end of the support plan provided by the WA documents. The mother, who resides in New Jersey threatens to have the whole parental plan re-done in New Jersey so that she can have the tax deduction of the child. The father has the deduction now as part of the support and parental plans. The father no longer resides in WA state, and does not reside in NJ. Does the mother have the right to have the NJ courts reopen and change the WA State plans?
3 Answers from Attorneys
Re: Out of State Parental Plan
The simple answer is yes. Jurisdiction issues are always complicated though. However, in general if the child has been a resident of NJ for more than 6 months, NJ can assert jurisdiction over custody and child support issues.
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Re: Out of State Parental Plan
Parts of the separation and property settlement agreement which do not relate to spousal support or child support are not subject to modification based on the parties or the children's change of circumstances. I believe that the tax expemtion part of the agreement is binding and not alterable.
Re: Out of State Parental Plan
Hi,
You present a somewhat complicated question of whether New Jersey would have jurisdiction. New Jersey probably would have jurisdiction regarding the amount of support and visitation. Support and visitation is always subject to modification based on the best interests of the child, and a change in circumstances.
As far as changing other parts of a settlement agreement, and based on the limited facts, she would probably not be able to modify this part of the agreement, and would have to file in Washington.
Important: Any information provided is offered for discussion purposes only. It may not apply to your specific factual situation or jurisdiction and cannot be relied upon without the advice of your own counsel. This communication does not create a client-attorney or any other client-professional relationship, and no one can rely on advice from an attorney who has not been retained. Please feel free to call me at 856-489-8888.
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