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socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 38910
Experience:  Retired (mostly)
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My children were emancipated in NJ and now my ex-wife is

Customer Question

My children were emancipated in NJ and now my ex-wife is trying to reopen a child support case in CA. I am paying arrears to NJ. Is this legal for her to do this?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: She is in NJ- New Jersey. I am in CA - California
JA: Have you talked to a lawyer yet?
Customer: No, I wanted to do research first. This is the first site I came upon when this chat window popped up.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The children were emancipated in NJ on NOV 4, 2016 and I receved this notice to reopen the case in California this week. My children are all adults between the ages of 24 and 30.
Submitted: 7 months ago.
Category: Family Law
Expert:  socrateaser replied 7 months ago.

Hello,

I am a member of the State Bar of California, the Bar of the U.S. District Court for the Central District of California (San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, San Bernardino, Riverside Counties), and I have comprehensive knowledge of California family law.

Your ex can ask California Department of Child Support Services (DCSS) to assist in coordinating your arrears obligation with the NJ Administrative Office of the Courts (AOC). However, this is not actually reopening the case -- it's just collecting the unpaid balance of support.

California has no jurisdiction to establish a new child support order, and even if it did, California law provides that child support terminates at age 18 and graduated high school, or age 19, whichever occurs first. Consequently, DCSS would reject any attempt to order additional support for your ex or the adult children.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Expert:  socrateaser replied 7 months ago.

Do you have a follow-up question, or are we good to go? Please reply, thanks!

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