DONNA SLAWINSKI VS. MARY E. NICHOLAS A-0710-15T1

DONNA SLAWINSKI VS. MARY E. NICHOLAS
          A-0710-15T1

Defendant challenges the Family Part's exercise of continuing exclusive jurisdiction, implicating provisions of the Uniform Interstate Family Support Act (the Act), now codified at N.J.S.A. 2A:4-30.124 to - 30.201. Defendant maintains orders modifying child support must be vacated because she relocated to North Carolina, depriving New Jersey of jurisdiction.
The Act as recently amended, includes provisions regarding a New Jersey tribunal's authority to modify a controlling child support order when parents and child no longer reside in the state. See L. 2016, c. 1, eff. April 1, 2016. In this matter, we conclude the facts support the Family Part's authority to exercise continuing exclusive jurisdiction as the prior version

of the Act, now repealed, was in effect and permitted the modification of the previously issued child support order. Were the current Act applied, under these facts New Jersey would also have jurisdiction. However, we are compelled to observe the amendments altered the foundations when individuals and the child leave New Jersey, possibly leaving a jurisdictional gap if there is no agreement among the parties as was shown here.