Results 1 to 3 of 3
  1. #1
    Join Date
    Oct 2013
    Posts
    1

    Default Modifying a Child Support Case That Was Closed in Issuing State

    My question involves child support in the State of: New Jersey
    My original child support case was initiated in N.J. and has since been closed 4 or 5 years. I have lived in N.Y for 10 years and my Employer pays child support directly to Nevada, where my children reside with Mom. I have no local supervision on this case in NY. My Daughter is 19 and now married, I would like her removed from child support. I have tried various times to speak to Nevada and the case worker about emancipation since my daughter is now married and lives with her husband. Nevada insists that I have to ask the issuing state, N.J. to modify the order. Does that sound correct even though N.J. closed the case? If that is the case, I found 2 forms on line to NJ site for modification of orders, the first is called a Modification of Existing Responding State order, the other is Modification of Existing order that the responding state did not issue. Which of these forms would I use? Is there any way I can file one of these forms locally to get the ball rolling in N.J? Or would I just send one of these forms to the county of issue in N.J?

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Modifying a Child Support Case That Was Closed in Issuing State

    Quote Quoting cujotom
    View Post
    My question involves child support in the State of: New Jersey
    My original child support case was initiated in N.J. and has since been closed 4 or 5 years. I have lived in N.Y for 10 years and my Employer pays child support directly to Nevada, where my children reside with Mom. I have no local supervision on this case in NY. My Daughter is 19 and now married, I would like her removed from child support. I have tried various times to speak to Nevada and the case worker about emancipation since my daughter is now married and lives with her husband. Nevada insists that I have to ask the issuing state, N.J. to modify the order. Does that sound correct even though N.J. closed the case? If that is the case, I found 2 forms on line to NJ site for modification of orders, the first is called a Modification of Existing Responding State order, the other is Modification of Existing order that the responding state did not issue. Which of these forms would I use? Is there any way I can file one of these forms locally to get the ball rolling in N.J? Or would I just send one of these forms to the county of issue in N.J?
    Before you go to all that trouble...will there still be other children that you will be required to support? Has support ever increased in the last 10 years? If there are other children to support and your support has never increased (but your income has) I would be very cautious about initiating a modification.

    When one child ages out child support is recalculated for the other children. Sometimes that can result in child support INCREASING, rather than decreasing.

  3. #3
    Join Date
    May 2013
    Posts
    125

    Default Re: Modifying a Child Support Case That Was Closed in Issuing State

    The Nevada caseworker is wrong. Nevada is the state to make a modification if a modification is needed.

    NJ has not "closed" the case until support is no longer required, or another state assumed jurisdiction to modify.

    You must FIRST register the NJ order in NV for modification. While a modifying state may not lower an emancipation age of another state to meets its own requirement, if NJ allows support to end upon marriage before 21, then NV can modify the order to do so.

    But you may not need to MODIFY the order, if the NJ order has provisions allowing for emancipation prior to 21 upon marriage. In this case, if the order is already registered in NV for enforcement, it may only need a showing to NV enforcement that the condition NJ set for emancipation has been met

    1. Sponsored Links
       

Similar Threads

  1. Involuntarily Closed Child Support Case
    By LostInShadows in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 06-18-2011, 05:12 PM
  2. Child Support Case Closed
    By JJamie01 in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 05-13-2009, 03:13 PM
  3. Child Support Case Closed and Overpaid
    By kurtsstuff in forum Child Custody, Support and Visitation
    Replies: 4
    Last Post: 05-07-2009, 03:18 PM
  4. Child Support Agency Closed Case
    By niquern in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 04-04-2007, 06:09 PM
  5. State Closed Support Case
    By HollyZmom in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 03-16-2007, 12:47 PM
 
 
Sponsored Links

Legal Help, Information and Resources