NJ Court Does Not Have Jurisdiction In Ex-Giant’s Child Support Modification Case
- March 10, 2014
- 1 Comment
New Jersey Superior Court Judge, the Honorable Sohail Mohammed, J.S.C., ruled that New Jersey courts did not have jurisdiction to rule on ex-New York Giants player Ahmad Bradshaw’s child support modification case. The controlling law is the Uniform Interstate Family Support Act (UIFSA). All states have enacted some version of the UIFSA to make sure that different states will enforce the court support orders that were issued in states other than their own. Judge Mohammed ruled that because both parents, as well as the child, no longer live in New Jersey, the state lacked jurisdiction under the UIFSA to modify the child support order. Bradshaw was a running back with the New York Giants from 2007 until 2013. At the conclusion of last football season he was released from his contract and he joined the Indianapolis Colts and moved to Virginia. In 2010, Bradshaw’s then girlfriend, Margot Patrice Johnson, gave birth to the child at issue in this case. Johnson and the child never lived in New Jersey and she and Bradshaw were never married. In 2011, Johnson sought child support from Bradshaw and filed in New Jersey because, at the time, Bradshaw was living in the state. Subsequently, Johnson moved to modify the order to increase Bradshaw’s child support obligation but Bradshaw asked that the motion be dismissed because he was no longer living in New Jersey and therefore New Jersey courts did not have jurisdiction over the matter. Johnson claimed that New Jersey still did have jurisdiction under the UIFSA. Judge Mohammed ruled that New Jersey lacked jurisdiction under the UIFSA because the original child support order was a temporary pendente lite order and since all parties had left the state before a final order was issued and discovery propounded, New Jersey lost jurisdiction over the case. Due to the specific facts of this case, it was a case of first impression for New Jersey courts, and it may serve to affect athletes and other litigants who frequently move into and out of the state for years to come. Disputes regarding child support can be of the most important in family law because child support money is so incredibly critical for the welfare of the children of divorced or separated parents. If you are involved in a child support dispute it is imperative that you seek out the advice of an experienced attorney before proceeding. For more information on child support, alimony, divorce, or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.