Question:
I have two marriage separation advice questions concerning child custody and child support when my children live in another state.
Since my ex-wife and children moved out of state, which state do I pay child support in?
Also, how does joint custody work if the parents do not live near each other?
Answer:
Since I am only licensed to practice law in New Jersey, I can only provide you with general divorce help for men to your child support and child custody questions.
Under the Uniform Interstate Family Support Act (UIFSA), child support will most likely be calculated and paid in the state in which the primary custodial parent and the children reside, which is called the home state. However, enforcement of child support may take place in the state in which the party paying support lives.
With regard to child custody and parenting time, in most states, a parent cannot move the children out of state without express permission from the other parent or an Order of Court.
If your ex-wife moved out of state without your permission, I would recommend you meet with a mens divorce attorney in your state who can properly advise you as to the process of seeking the return of the children.
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Additionally, there is a difference between joint legal custody and joint physical custody. If your ex-wife moved with the children with your permission – because you do not live close to your children – you will need to work out a parenting time schedule that does not interfere with the children’s school schedule and that works with your schedule.
Generally, you will not be able to have joint physical custody of the children unless you live close to the children. This does not mean you cannot have joint legal custody of the children, which commonly means you are a part of all big decisions in the children’s lives. You can have joint legal custody even if you reside in a different state and even if you do not see the children every week.
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.
Cordell & Cordell has men’s divorce lawyers located nationwide. To schedule an appointment with a divorce attorney, including New Jersey Divorce Lawyer Michelle L. Ferreri, please contact Cordell & Cordell.
