In a Decision – F.Y. v J.L., (an "Unreported Decision") >> the Court Held:
The Appellate Division affirmed the Trial Court determination denying child support.
The parties married in China in 2000, had one child, divorced and agreed to a MSA which became part of a "certificate of divorce" issued by Chinese authorities. The MSA provided mother had sole custody of child, all marital assets and was solely responsible for child's support.The trial judge dismissed mother's action, finding court lacked jurisdiction to modify the custody and child support agreements in the Divorce Agreement .
The Appellate Division determined that China had exclusive jurisdiction under the UIFSA and that New Jersey could not modify a child support agreement endorsed by a foreign tribunal that had jurisdiction over parents and child.
The Appellate Division also found mother was a visitor to the U.S, not a resident, and there was no evidence any party had filed in China seeking consent to allow New Jersey courts to modify the support order.