Sharp v. Sharp

In Sharp v. Sharp, 336 N.J.Super. 492, 765 A.2d 271 (App.Div.2001), the Court held that lack of personal jurisdiction over the California-resident father precluded a New Jersey court from entertaining the New Jersey-resident mother's action seeking to allocate their child's college costs between the parents. The parties were divorced in California in 1982, and the judgment of divorce incorporating the parties' agreement for child support was silent on the subject of the then two-year-old child's future college expenses. After the mother and child moved to New Jersey, child support was modified several times through proceedings brought by the mother under RURESA. Although Sharp was decided on the basis of lack of in personam jurisdiction, Judge Fall noted that because "only one tribunal has issued a child support order, that tribunal controls and it has continuing exclusive jurisdiction over the issue of child support." Id. at 504, 765 A.2d 271.