Child Support Age Of Emancipation When Dealing With Multiple States

New Jersey divorce lawyerQuestion:

I continue to live in the state where my divorce took place and pay child support according to that state’s child support laws.

My child and his mother live in another state where my payments are sent. According to that state’s laws, my child would be considered emancipated because it has a lower age of majority.

Will I have to continue to pay under the child support emancipation laws of the state I reside in or should he be considered emancipated under the laws of the state where he now lives?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on New Jersey child support laws where I am licensed to practice.

Generally, when a child support order is issued in one state, that state retains continuing jurisdiction over the child support order as long as the state remains the residence of your former spouse, the child, or the paying obligor, or the parties consent to another state having jurisdiction.

Since you currently live in the state that issued the order and that state is garnishing your wages for the benefit of your child, even though he lives in another state, it is likely your state has continuing jurisdiction. You will probably have to continue following the child support emancipation laws of that state even though your child lives in another state.

You should consult your divorce agreement to find out whether emancipation and termination of child support are addressed. The issues of emancipation and termination of child support are complex and depends on the specific facts of each case.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including New Jersey Divorce Lawyer Christine A. Dolan, contact Cordell & Cordell.

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2 comments on “Child Support Age Of Emancipation When Dealing With Multiple States

    No matter where any of you (custodial parent, non-custodial parent, child) relocate to or reside, emancipation will ALWAYS be what the ORIGINAL child support order states or if not specified in your order, the laws/guidelines of the original State will prevail. Date of termination is a non-modifiable portion of the order that CANNOT be modified in any other jurisdiction if it cannot be modified in the originating state. So basically, it can NEVER be modified by another court. I’ve done extensive research on this. You need to read UIFSA, Section 611, paragraph C ” A tribunal of this State may not modify any aspect of a child-support order that may not be modified under the law of the issuing State.” The entire act is here and can be downloaded in PDF. Everyone (especially non-custodial fathers who have been pushed around in the courts) should make themselves familiar with this law because it also pinpoints case law that can be used as a precedent if you ever have to go to court. This is the governing Federal Law that ALL states had to adopt in order to be eligible to receive federal aid to assist in enforcing/collecting child support. Some states/jurisdictions try to make their own law, however, if you show them (judges, child support agencies and attorneys of custodial parents) you are familiar with UIFSA and let them know that you are also aware that they have to follow this law, they may rule differently. You can also throw out some case law that has set precedences.

    The law is located here: http://www.dadsdivorce.com/articles/child-support-age-of-emancipation-when-dealing-with-multiple-states.html

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