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Author Topic: Legal/Military Family Relocating/ Custody issues  (Read 3656 times)


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Legal/Military Family Relocating/ Custody issues
« on: Mar 23, 2014, 02:57:13 PM »
I'm looking for some guidance and suggestions.  I am filing a pro-bono Notice to Amend Motion requesting permission to relocate minor child (age 13) from Hawaii to Florida (3 yrs ago was previously awarded relocation from NJ to Hawaii) since my husband (sons step-father) has received orders from the military to transfer to Florida.

1.In my Notice to Amend Motion, how should I list the request for relocation?
Change in Relocation, Relocation from Hawaii to Florida??
I am also requesting a Change Visitation Arrangements and Change Travel Financial Obligations to reflect a relocation to Florida. 

2.  Can I change venues from NJ or Florida for future issues or do they only allow a change venues within the same state? 

3.  I would like to include something to designate College Tuition Expenses....  Does anyone have a sample or info on how to ask for that to be included?

4.  We would like to avoid going back to court for this issue should we be faced with more orders in the future.  How can I word that?  Basically, having to return to court numerous time (for essentially the same issue: relocation based on a military move), it is costing both parties more money, my husband (and in the past his Commanding Officer) testifies in court for the orders and is costing the government time and money. 
5. Child support is paid weekly but my ex has never supplied tax documentation to prove his income.  The judge always asked us what our income was and we both verbally gave it to him.  I suspect my ex 'low-balled', when I provided legitimate income.   I have also been unemployed for the last three years as Hawaii did not have suitable/comparable employment so my income has been $0.  I returned to college FT and started my own business and took a $10K loss for 2013.  How does that all play into Child Support? I know for a fact that my ex makes a decent salary.   How can I word all that so Child Support is accurately calculated? 


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Re: Legal/Military Family Relocating/ Custody issues
« Reply #1 on: Mar 23, 2014, 03:21:33 PM »
No lawyer answers this page anymore. From my experience from reading these boards for many many years, here is my non-lawyer take on your questions. You should be dealing with this all in NJ if dad still lives in NJ and using NJ child support guidelines for support and college costs. If both parents move, you can request FL take over once you are there 6 months or so however it may be denied if dad fights and says you are child support state shopping for a better deal.

1. Modification for visitation plan/move does NOT include a change in child support , that is different paperwork.

2. Modification can say something like "mother requests the courts permission to move from HI to FL as her husband's military assignment will be changing to FL on XX date. Mother had to request court intervention in XX to move from NJ to HI due to the last military assignment which was granted by judge XX on XX date. Mother also requests that courts make an order that any future military moves will be allowed with a registered letter to father with new address and school schedule for future visits. This will save both time and money for both parents in the future."   Hard one as the visits may have to change so you may end up back in court over that anyway but at least the moves will be a non-issue

3. Child support- would have to file a modification for that with the reason on why things have changed and why you are now asking for the change. What types of jobs are available to you in Fla? That will be brought up. Pull up NJ child support calculator online and plug in the numbers to see what he should be paying. Can say "mother requests child support review as both parents income has changed drastically. Mother requests that tax documentation be given to other parent. Mother also requests that college costs be added to current order as child will be a senior is xx years". College you have to look at state statue. Many do not allow for college costs, some do,  some only state tuition only.....If child is still young, judge may not make a decision on this one until costs come up.


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Re: Legal/Military Family Relocating/ Custody issues
« Reply #2 on: Mar 24, 2014, 04:56:01 AM »
I agree with Ocean....
Jurisdiction to make amendments stays in NJ until that parent moves out of state.
I personally think that when you ask to move from Hawaii that the court will approve and that the other parent shouldn't object because even though it's far away, it's cheaper to get to FL vs. Hawaii.
I like Ocean's idea of getting a permanent "you can move" clause -- since it's military and families in the military move AND you've already gotten the court's support to move to Hawaii once. 
Child support is another whole ball game....
College tuition -- do some homework regarding NJ laws.  You may have seen in the news lately where a teen sued her parents for tuition -- and got denied.  I recently learned that here in Alabama that's the trend too because a case made it's way to the Supreme Court to turn that subject around here and it was approved. 
Pell grants and financial aid will be approved based on residential parental income (yep, step-dad) and if he's Air Force, I'll clue you in now that the Air Force Aid Society has a grant available that gets approved at a high rate for active duty dependents (General Hap Arnold is the name).


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