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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
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Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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UIFSA question: Both parties reside in FL as do all children.

Resolved Question:

UIFSA question: Both parties reside in FL as do all children. Child support order and docs were registered in FL (originated in NJ). NCP did not contest. NCP filed to stop CS in FL...FL sent NCP to NJ for companion order. NCP then filed motion to modify, etc in NJ, although past due balances and enforcement action is ongoing in FL. How do I show venue/jurisdiction is in FL to the NJ court and request it all to be moved to FL? NJ has already scheduled an ESP, but I am a resident of FL.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question and for asking for me.

Since the NJ order was registered in FL, all the FL courts can do is enforce the NJ order as written, they cannot change that order. Thus, they were proper in sending the motion to modify or change back to NJ. The only way to get venue moved to FL is to file an objection to the motion to modify in NJ and a motion to release jurisdiction to FL and argue since neither parent is a resident of NJ and the children are no longer in NJ, the state of NJ no longer has any continuing legal interest in the matter and jurisdiction should be transferred to the state where all parties reside, FL. The NJ court has to decide to release jurisdiction before you can move everything to FL.


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Customer: replied 1 year ago.

I'm not sure how to proceed at this point. I have an ESP scheduled for next week. Is it best to request an adjournment of the ESP, and then file a motion to move jurisdiction?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

For judicial economy, it is best to move to continue the ESP and file for the motion to release jurisdiction based on lack of continued state interest in the matter. However, at this late date the court may want to handle the ESP and then tell you to file your motion to release jurisdiction once they deal with the ESP. So I would file the motion to continue the ESP now together with a motion to release jurisdiction and hopefully the court will rule in your favor in that they no longer have a state interest and that jurisdiction will be released to FL.
Customer: replied 1 year ago.

will the court accept a Power of attorney if I need help?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your follow up.

Power of attorney for what? A person with a power of attorney cannot represent you in court, you would need a licensed attorney.
Customer: replied 1 year ago.

Thank you, XXXXX XXXXX someone with a power of attorney cannot represent me in court. I should have elaborated on my question.


 


As for the ESP conference (post-judgment to attend to outstanding issues), is it mandatory for both sides to exchange a pre-settlement outline?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your clarification.

A power of attorney cannot still represent you in the conference because it is part of a legal proceeding. Whether or not a pre-settlement statement or outline is required is actually up to the individual judge's rules of court and you need to check with the judge's clerk.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 91939
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 3 other Family Law Specialists are ready to help you

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Law Educator, Esq.
Law Educator, Esq.
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Experienced attorney: Family law, Estate Law, SS Law etc.