Jurisdiction for Child Support is Established Upon Conception

Hudson County Department of Family Services v. Mateo

New Jersey Family Law submission by Hark and Hark.

In an unpublished decision, the Appellate Division recently took on an issue of jurisdiction as it relates to child support and a potential father living out of the State of New Jersey.

In Hudson County Department of Family Services (HCDFS) v. Mateo, the Defendant had a child with the Plaintiff and executed a certificate of parentage (COP), certifying he was the natural father.  Plaintiff would later have a second child almost two years later.  Defendant did not sign a COP for the second child.  HCDFS brought a complaint on behalf of the Plaintiff against the Defendant for child support.  Defendant was residing in Delaware at the time of the suit.

Defendant appeared in Court solely to contest jurisdiction, as he was living outside the State of New Jersey.  The Court found that the Court had jurisdiction because Defendant had sexual relations with the Plaintiff at the time the child could have been conceived.  In addition, the Defendant had been living with the Plaintiff in New Jersey after the second child was born.  Sexual relations during the time a child could have been conceived and living with a child at any point are both independent bases for jurisdiction for child support.

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