Peace v. Peace

In Peace v. Peace, 325 N.J.Super. 122, 737 A.2d 1164 (Ch.Div.1999), the parties were New Jersey residents when they separated and entered into a consent order respecting child support. The father thereafter moved to Nevada, and the parties signed a written agreement resolving all of the issues between them, including child support consistent with the prior New Jersey consent order. A divorce judgment thereafter was entered in Nevada, incorporating the parties' written agreement respecting child support. The mother and child remained in New Jersey, where the mother obtained an order increasing child support. In response to her second application for an increase, the father objected to New Jersey's exercise of jurisdiction, but the application was denied on other grounds. The decision arose on the mother's third application for an increase in child support. The court defined the issue: "whether divorce proceedings initiated in Nevada somehow divested the New Jersey court of authority to review and modify support orders properly entered here previously." Id. at 124, 737 A.2d 1164. The Family Part Judge determined, pursuant to N.J.S.A. 2A:4-30.72a(2), that where the mother and child remained in New Jersey, New Jersey was not deprived of its continuing, exclusive jurisdiction over child support, absent written consent of both parties to Nevada's jurisdiction. However, the judge also reasoned in the alternative that if both states had continuing, exclusive jurisdiction under UIFSA, the controlling order must be that order issued by the tribunal in the child's home state, citing N.J.S.A. 2A:4-30.74b(2) and -30.74d.