Jurisdiction Question

[Devil Doc]

My ex wife moved from NJ to OH to NY 2000-2003.  OH fought for jurisdiction against NJ & won.  Now she lives in NY since 2003.  OH states they have retained jurisdiction since she never informed them of her moving.  NY claims they have jurisdiction of the children.  She is playing games.  OH put a warrant out for her arrest & stopped her child support.  Now she is filing in NY for child support.  She refuses to obey any orders.  Where do I file my contempts?  Can I ask OH to extradite her?  Can she recieve child support from NY?  Where do you think jurisdiction lies?
Thanks for your help!

[socrateaser]

>My ex wife moved from NJ to OH to NY 2000-2003.  OH fought
>for jurisdiction against NJ & won.  Now she lives in NY since
>2003.  OH states they have retained jurisdiction since she
>never informed them of her moving.  NY claims they have
>jurisdiction of the children.  She is playing games.  OH put a
>warrant out for her arrest & stopped her child support.  Now
>she is filing in NY for child support.  She refuses to obey
>any orders.  Where do I file my contempts?  Can I ask OH to
>extradite her?  Can she recieve child support from NY?  Where
>do you think jurisdiction lies?
>Thanks for your help!

Your facts are insufficient.

1. In what State was the final judgment re custody first filed?
2. In what State was the final judgment re support first filed?
3. In what State do you currently reside?
4. In what State was the most recent post-judgment court order re custody filed?
5. In what State was the most recent post-judgment court order re support filed?
6. Have the children resided in NY as their primary residence for more than 6 months?
7. Post the EXACT text of the OH warrant.
8. Post the EXACT text of the most recent custody order.
9. Post the EXACT text of the most recent support order.
10. Post the EXACT text of the original custody order.
11. Post the EXACT text of the original support order.

Until you do all of this, I cannot possibly answer your question. You may find it simpler to consult a local attorney.

Not trying to duck the question, but, it's a lot more complicated than you would think.

[rini]

Wow


If you still live in Ohio unless you submitted to the jurisdiction of the state of NY by way of answer or other means Ohio should at least control support.

Dont answer the claim for support in NY untlil you see an attorney.
 You dont want to pay support in NY!!!!!




You need to post him where you live and if you have relocated at all for him to answer you.  

[Devil Doc]

I live in NJ.  I never lived in NY or OH.  She moves around.
Thanks.

[Devil Doc]

Final judgement for support/custody:  OH
I live in NJ.
The most recent court order for custody was in OH
The most recent filing for support was in NY, but no order yet.
The children have been in NY since 9/2003, more than 6 mos.
I will find & post exact texts.  Thanks!

[socrateaser]

>Final judgement for support/custody:  OH
>I live in NJ.
>The most recent court order for custody was in OH
>The most recent filing for support was in NY, but no order
>yet.
>The children have been in NY since 9/2003, more than 6 mos.
>I will find & post exact texts.  Thanks!

I think I have enough now for a preliminary answer.

>My ex wife moved from NJ to OH to NY 2000-2003. OH fought for >jurisdiction against NJ & won. Now she lives in NY since 2003. OH >states they have retained jurisdiction since she never informed them >of her moving. NY claims they have jurisdiction of the children. She is >playing games. OH put a warrant out for her arrest & stopped her child >support. Now she is filing in NY for child support. She refuses to obey >any orders. Where do I file my contempts? Can I ask OH to extradite >her? Can she recieve child support from NY? Where do you think >jurisdiction lies?

Jurisdiction for Modifying Child Support.

If you have not answered a NY petition for child support, then NJ has jurisdiction over child support. However, a NY court or the NY Child Support Enforcement agency can make an order that complies with NJ support guidelines, and as long as the evidence is correct, that order can be enforced upon your NJ employer (assuming that you are employed in NJ).

If you are self-employed, then the NY authorities would need to contact the NJ authorities and bring you into court to obtain an order directing you to pay support.

In either case, if you act timely within 10 days of the time you receive the NY support order, you can challenge the NY order on the basis that NY did not have continuing, exclusive jurisdiction over the issue of support, and no personal jurisdiction over you.

However, if you have ANSWERED the NY support petition in any manner other than for the SOLE purpose of challenging NY's authority to exert personal jurisdiction over you, then you have impliedly submitted to NY jurisdiction, and the NY court and NY law will control the support modification, until the other parent and child(ren) move out of NY jurisdiction.

Jurisdiction for Modifying Child Custody.

As neither the children nor parents live in the original jurisdiction, i.e., OH, and as the children have resided in NY for more than 6 months, NY has jurisdiction to modify custody. Your appearance at a custody hearing in NY will not affect your rights with respect to where jurisdiction for child support lies, UNLESS, a petition to modify both custody and support is filed, and you fail to expressly and solely challenge NY jurisdiction over support.

Jurisdiction for the OH Arrest Warrant.

The OH warrant for arrest may be civil or criminal. If it is civil, there is almost no possibility that you can obtain extradition of the charged person -- they must be found within the physical boundaries of the State of OH.

If the warrant is criminal, then only the District Attorney can request extradition, and that will not happen unless the warrant is for a felony. Otherwise, if it is a misdemeanor, then if the charged party is stopped for a traffic violation, she may be arrested if the warrant is in the national law enforcement database. It really depends on the local law enforcement process where the person is found. This is a money issue -- unless it's a reasonably big deal crime, no government agency will spend taxpayer money to return a parent to face family law charges.

You could hire a bounty hunter, but that option would only be available on a criminal warrant.

After you post the text of the warrant, I may have some other comments. Also, you may be able to leverage the arrest warrant against the other parent, i.e., ask the court to stay any proceedings for modification of support until such time as the obligee parent returns to the jurisdiction where the warrant was issued and faces the charges.