Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Valerie Hemhauser
3 Answers | Asked in Child Support for New Jersey on
Q: If parenting time is fully eliminated (court ordered suspension) can child support be increased?

NCP stopped exercising parenting time, even after schedule enforcement was attempted. As a result, the court suspended ALL parenting time and granted sole custody to mother (was joint prior). NCP went from 2 days/week (one weekly o/n) and one full weekend/month to NO parenting time at all. Has not... Read more »

Valerie Hemhauser
Valerie Hemhauser answered on Mar 30, 2018

The simple answer is yes. The non custodial parent receives a credit, albeit small, for his regular overnight parenting time expenses. If there are no overnights then a modification application would be made seeking to remove the overnight credit which will increase the support payment. There... Read more »

View More Answers

1 Answer | Asked in Child Support for New Jersey on
Q: How much in child support arrears in n.j. before IRS can intercept your refund check
Valerie Hemhauser
Valerie Hemhauser answered on Mar 2, 2018

In NJ if the obligation is owed to parties receiving public assistance the amount is $150. Otherwise the amount is at least $500. The applicable probation department responsible for collecting the child support is usually the agency initiating the enforcement/ collection of child support... Read more »

3 Answers | Asked in Child Custody and Family Law for New Jersey on
Q: Hello, I have 3 children 21, 18 and 17. My 17 wants to live with me full time. We have joint custody. Is there a way?

For the most part our divorce has been amicable. But my 17 yr old feels more comfortable at my home as opposed to his mothers. I know when he turns 18 he can go wherever he chooses but for now he feels tied down and going back to his mothers is a burden on him. No abuse or anything, just not... Read more »

Valerie Hemhauser
Valerie Hemhauser answered on Feb 26, 2018

It's always best to try to work out the issue directly with the other parent. If so, the terms of the new custodial agreement need to be made into a Consent Order and filed with the court. This way the terms will be enforceable if a future issue arises. It you are unable to obtain consent then... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.