When child support obligations are determined, it is done at the time of a divorce and based on the financial situation of both parents. However, it is not uncommon for situations to change, especially in relation to an individual’s finances. This may involve the custodial parent needing larger payments or the paying parent to request a reduction due to reduced income.
When either party wants to request a child support modification, they would normally go through the judicial body that made the original support order. However, if one of the parents has moved, then the question is which state has jurisdiction arises. Depending on the situation, it could be either the state that the custodial parent and the child live in or the state that the paying parent lives in.
In New Jersey, the law says that the state has continuing jurisdiction so long as either parent or the child lives in the state. However, there are other states that also claim exclusive jurisdiction, creating a situation where two states appear to have jurisdiction at the same time. In these cases, jurisdiction will lie with the home state of a child where a court has created an order related to child support. If no order has been made, jurisdiction stays with the first state.
Child support orders are issued in many cases in order to ensure that the custodial parent will have the finances available to raise the child following a divorce. Although it is essential that a parent be able to care for their child, it is also important that the paying parent has an obligation that they can meet. A lawyer may be able to help someone understand how child support matters are decided and assist them in seeking a child support modification.
