RECEIVED CHILD SUPPORT SUMMONS FROM FLORIDA BUT I LIVE IN NJ

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Latest post 11-02-2010 12:35 PM by LynnM. 5 replies.
  • 11-01-2010 11:12 AM

    • nagoner1
      Consumer
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    • Joined on 11-01-2010
    • NJ
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    RECEIVED CHILD SUPPORT SUMMONS FROM FLORIDA BUT I LIVE IN NJ

    I just received a summons for child support from Florida but I live in New Jersey. I'm a little confused about my options. The letter states that I have 20 days to answer. Im gonna give you guys a brief description of my situation. I found out I had a son in Florida when the child was 11. Me and the child's grandparent had a DNA test done without the mother of the child knowing. Since that time I been paying child support directly to the mother. We both agreed on a sum and know that the child is 16 she wants more money. Some people are telling me that she needs to come to New Jersey to take me to court. That the summons in Florida doesn't have any jurisdiction here(I'm not a lawyer so I'm just stating what Ive been told). I really cant afford to have to go to court all the way in Florida. If anyone can throw some advice my way it would be very much appreciated.

  • 11-01-2010 12:23 PM In reply to

    Re: RECEIVED CHILD SUPPORT SUMMONS FROM FLORIDA BUT I LIVE IN NJ

    "Some people are telling me that she needs to come to New Jersey to take me to court."

    "Some people" clearly aren't lawyers and they are wrong.  If the child resides in FL then that is where the case is heard.

    If you can afford to hire a lawyer to represent you.  Definitely file an answer to the summons lest she get a default order.  On what grounds is she seeking a modification?

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 11-01-2010 3:15 PM In reply to

    Re: RECEIVED CHILD SUPPORT SUMMONS FROM FLORIDA BUT I LIVE I...

    The child resides in Florida and therefore, the State of Florida has jurisdiction.

    Do you have receipts showing you have been paying privately?  You would need an attorney that is able to practice in Florida.  If you cannot afford one, I would try to contact their Legal Services to see if you would qualify.

    Maybe consult with an attorney if you do not qualify for Legal Services and at the very least start researching the child support laws and standards in Florida over the internet.

    Good luck

  • 11-01-2010 3:24 PM In reply to

    • Kivi
      Consumer
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    • Joined on 01-01-2005
    • CA
    • Posts 5,588

    Re: RECEIVED CHILD SUPPORT SUMMONS FROM FLORIDA BUT I LIVE IN NJ

    The child is a legal resident of FL, so FL has jurisdiction.

    You might inquire about the possibility of an appearance by telephone.

    It is possible that the Mom has applied for state assistance and the FL Dept of Child Services, etc., is the entity bringing this action. Your private agreement may or may not conform to state guidelines. Since it was never submitted to the court, there is no way of knowing.

    Additionally, if Mom has applied for Medicaid or similar services, the State may very well want to know why you are not covering this child on your employer's health insurance plan, assuming you have access to same and are not already doing so.

  • 11-01-2010 9:34 PM In reply to

    • nagoner1
      Consumer
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    • Joined on 11-01-2010
    • NJ
    • Posts 2

    Re: RECEIVED CHILD SUPPORT SUMMONS FROM FLORIDA BUT I LIVE I...

    Thanks for everyone who took time to help me out on this situation. I have all my receipts(copy of money orders) to show that I have been paying her child support. on the letter it states Reopening case(I have never been aware of a case being opened) Modification/ Supplemental Petition. I have about 7days left to answer. I have an appointment with a lawyer tomorow who posses both Fl and NJ license. Im just wondering if maybe I should try speaking to the childs mother to see if we can come to an agreement. But its not easy giving in when you know you have done everything the right way. Does anyone know where I can find a letter similar to the one I have to respond with. So I can get an idea of how to right it.

  • 11-02-2010 12:35 PM In reply to

    Re: RECEIVED CHILD SUPPORT SUMMONS FROM FLORIDA BUT I LIVE I...

    The FL court has jurisdiction because that is where the child lives.

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