Question:

I continue to live in the state where my divorce took place and pay child support according to that state's child support laws.

My child and his mother live in another state where my payments are sent. According to that state's laws, my child would be considered emancipated because it has a lower age of majority.

Will I have to continue to pay under the child support emancipation laws of the state I reside in or should he be considered emancipated under the laws of the state where he now lives?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on New Jersey child support laws where I am licensed to practice.

Generally, when a child support order is issued in one state, that state retains continuing jurisdiction over the child support order as long as the state remains the residence of your former spouse, the child, or the paying obligor, or the parties consent to another state having jurisdiction.

Since you currently live in the state that issued the order and that state is garnishing your wages for the benefit of your child, even though he lives in another state, it is likely your state has continuing jurisdiction. You will probably have to continue following the child support emancipation laws of that state even though your child lives in another state.

You should consult your divorce agreement to find out whether emancipation and termination of child support are addressed. The issues of emancipation and termination of child support are complex and depends on the specific facts of each case. 

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including New Jersey Divorce Lawyer Christine A. Dolan, contact Cordell & Cordell.