Q: What type of attorney would I need regarding collection of back child support?
I was married and divorced in Florida, my son was also born in Florida. Shortly after the divorce, when my son was about 2 years old, my son and I moved to New Jersey. My ex agreed with the move although he stayed in Florida. As part of the divorce, my ex was ordered to pay child support directly to me. Is there any way either my son or I can collect this money? My son is now 22.
A: Under federal law, New Jersey cannot modify an out-of-state child support order, but it might be able to enforce the collection of the arrears. Enforcement, however, depends on several facts. For example: Do you have a reasonable excuse for waiting 20 years before deciding to collect child support arrears? What exactly does the Florida support order say? What does your property settlement agreement say? Was your 22 year old son emancipated at the age of 16 (with parental permission) or 18 under Florida law? Is your son still living with you? Is your son disabled? How much, if any, unfair prejudice will your claim have on your ex-husband? What are your and your ex-husband's financial, health, and educational circumstances? Etc., etc. Your likelihood of success is entirely fact-sensitive. If you want more information, feel free to call me for a free consultation.
A: ....you need a family law attorney. But see my earlier answer to the remainder of your question.
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