When filing for child support do I file where i live or where the other parent lives?

If you have been living in New Jersey for the past two (2) or (3) years with the child, you should file for child support in New Jersey, unless there is a Court Order or agreement indicating that New York has jurisdiction over child support. If either of these exist, it will control in this situation. Your child is entitled to support from both parents. Child Support in New Jersey is calculated using the New Jersey Child Support Guidelines, which considers numerous factors, including but not limited to: the parties’ income, whether either party has any other child support obligations, and whether the party pays for the child’s insurance. The laws surrounding child support can be complex, especially if an individual is unfamiliar with them. It is important that your brother discuss the specifics of his situation with an experienced family law attorney to learn what his rights are and how to protect his interests. Thank you, Brad Micklin

You should file in the home state of the child which sounds like it is New Jersey, unless for some reason the other Court specifically provided that it maintained jurisdiction. You should retain an attorney in that case to take the steps to have the matter moved to where you are now if possible.

You can only file for child support in NJ because NJ has become the home state of the child. Unless there was a prior Court Order compelling the payment of child support, you will not be entitled to receive any retroactive child support. You should retain an attorney to handle this matter for you. Good luck.

If you and the child have resided in NJ for 2 to 3 years, you should file for support where you reside, which is NJ.

I agree with my colleagues. NJ has become the home state for the child, therefore NJ is the proper venue in which to file. You will not be able to get "back" child support. The child support obligation begins, assuming you are successful in your application, as of the date you file. You should obtain counsel to represent you in this matter.

It really depends. Yes, under the Uniform Child Custody Jurisdiction and Enforcement Act, UCCJEA, it appears the child's home state is New Jersey, based on the above facts. The purpose of the UCCJEA is to prevent forum shopping; in other words, the act deters litigants from having the ability to select the court most likely to provide a favorable judgment to have their case heard in. Two other main purposes of the UCCJEA are to avoid interstate custody disputes and to encourage cooperation among the states. The act was enacted to grant custody jurisdiction to the state with more sufficient contacts. Pursuant to the act, the child and at least one of the parents must reside in New Jersey. Furthermore, there must be available in New Jersey substantial evidence concerning the child’s care, protection, training, and personal relationships. The child’s “home state” is defined as “the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding . . . [including a] period of temporary absence[.]” N.J.S.A. 2A:34-54. See also N.J.S.A. 2A:34-65a(1). In this regard, determination of the child’s legal residence or domicile is unnecessary as the statutory language “lived,” included within the definition of home state, connotes physical presence within the state, rather than subjective intent to remain. See Escobar v. Reisinger, 64 P.3d 514, 517 (N.M. Ct. App. 2003) (“[T]he Legislature used the word ‘lived,’ rather than ‘resided,’ or ‘was domiciled,’ precisely to avoid complicating the determination of a child’s home state with inquiries into the states of mind of the child or the child’s adult caretakers.”). “By adopting a definition of home state that focuses on the historical fact of the child’s physical presence in a jurisdiction, the Legislature intended to provide a definite and certain test.” Ibid. However, the next inquiry is whether custody proceedings had been commenced in another state, properly exercising jurisdiction, which issued an initial custody determination. [3] N.J.S.A. 2A:34-70a. If so, and the other court had jurisdiction “substantially in conformity with [the UCCJEA],” then New Jersey must stay its proceedings and communicate with the other court, seeking an agreement on whether New Jersey is the more convenient forum to make the determination. N.J.S.A. 2A:34-70b. A Family Part judge may decline to exercise jurisdiction if the person seeking to invoke the jurisdiction engaged in unjustifiable conduct, N.J.S.A. 2A:34-72, or if New Jersey is an inconvenient forum and another state would be more appropriate, N.J.S.A. 2A:34-71. So, if there has been litigation in NY, then you have to file in NY or get NY to relinquish jurisdiction to NJ. These are complicated issues, and you should seek the advice of experienced counsel. Good luck.