I’ve Moved. Where Do I File for a Change in Status for Alimony?

Relocated divorced couples seeking a change in alimony status must apply to the court of original jurisdiction.

Due to the recent state of the economy, many recently divorced New Jersey residents are relocating to different states with new jobs and a new outlook on life. As such, the question of “Where do I file for a change in status for alimony?” will arise. Is the proper jurisdiction the new domicile or the state in which a judgment of divorce was obtained?

The recent case of Pek v. Prots held that “A jurisdiction that establishes a spousal support order retains continuing exclusive jurisdiction for the life of the order.” Judge Robert Mega further added, “Not only does one state retaining jurisdiction for life of the order provide for consistency but it also alleviates potential confusion for the parties, defers forum jumping, and avoids the parties falling victim to a black-hole where no court will take jurisdiction.” In addition, Judge Mega stated that the parties cannot execute an agreement to take away jurisdiction from the state that first ordered the spousal support as it would violate the Uniform Interstate Family Support Act.

A New Jersey Statute, N.J.S.A. 2A:4-30.72(f) further supports the opinion of Judge Mega and states that the court that issues a spousal support order has continuing exclusive jurisdiction as long as the support obligation exists. As such, a New Jersey court cannot and will not modify a spousal support order from a court in another state.