Which State Has Jurisdiction in Post-Judgment Matters?
- August 17, 2013
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A New Jersey resident mother and a California resident father were involved in a motion to enforce litigant’s rights regarding a New York divorce in Spierto v. Spierto. The mother sought, within the New Jersey courts, to enforce the terms of the parties New York divorce requiring the father to contribute to the son’s college costs. Both the mother and son lived in New Jersey but the father was a resident of California. Because the divorce took place in New York, not New Jersey, the father petitioned the court for a dismissal of the motion based on the fact he was a CA resident and never was a NJ resident and therefore he claimed NJ had no jurisdiction over him. The NJ trial court concluded that through the father’s contacts with NJ through his relationship with the wife and son, NJ had jurisdiction over the father. The trial judge also determined that NY no longer had continuing jurisdiction over the matter based on the fact that neither of the parties nor the child continued to reside in NY. Although the NJ Appellate Division did not reverse the findings regarding jurisdiction over the matter being within the NJ court, the court did remand the matter to the trial judge for specific findings as to the nature, time and extent of the father’s contacts with NJ, including parenting time in order to determine whether NJ had jurisdiction over the father. If you are facing or considering a post-judgment motion, you should consult an experienced family law attorney to protect your rights. For more information on divorce, dissolution, litigant’s rights, child support, alimony or other family law matters in NJ, visit HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney in legal matters.