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My ex-husband and I divorced in 2000, at that time I had…

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My ex-husband and I...

My ex-husband and I divorced in 2000, at that time I had full legal custody of our two boys and retained custody until their 18th birthday. At which time, our youngest and I disagreed over college education and he moved in with his father in Parkland, FL and began to attend the University of Wisconsin. A NJ court was petitioned and I was forced to pay child support to my ex-husband for my adult, college aged child. My ex-husband has recently moved to Wisconsin and the child' tuition will be refined to a "in state" rate which will be covered in full by his track scholarship. I would like the child support obligation to be re-assessed. Which state laws will prevail? NJ or Wisconsin?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

The child support obligation was determined in NJ. My ex-husband then lived in Florida, he moved to Wisconsin in May 2017.

Lawyer's Assistant: Have you talked to a lawyer yet?

I've talked briefly, however, I am broke and cannot afford a retainer.

Submitted: 7 months ago.Category: Family Law
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9/28/2017
Family Lawyer: LegalGems, Lawyer replied 7 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 12,957
Experience: Experienced Family Law Attorney
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Family Lawyer: LegalGems, Lawyer replied 7 months ago

Under the UIFSA the court that issued the order loses jurisdiction when all parties move out of that state. If the parents reside in different states, the party requesting a modification would file in the other parent's state-this is designed to prevent "forum shopping".

Child support may be modified whenever circumstances change, so a change in tuition can be a basis for a modification.

The issuing state's child support laws will be applied by the modifying state;

here is information on how to modify in WI:

https://dcf.wisconsin.gov/cs/review/modify-order

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Family Lawyer: LegalGems, Lawyer replied 7 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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