Q: question on NJ CS hearings??
my mother has physical custody of my child (i live with my mother). legal custody is with my ex and I. We were married but have not divorced yet. there is no CS order in place. my ex receives TANF benefits, and stated my child lived with her. i was put on child support and ordered to pay back the TANF benefits. I am paying even though I don't think I should have to since the child doesn't live with her. now i have a child support hearing scheduled, stating that because she receives TANF and Medicaid, the Dept of Family Services is seeking a child support order and medical coverage for my child from me. i am also low income and on Medicare. What should I expect at the hearing? I was told to bring pay stubs and my tax return. Can I ask that a child support order be in place to pay child support to my mother, and not my ex? Can my mother put my ex on child support too? I don't think i should have to pay my ex, considering she does not support my son. My mother and I do.
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A: Your situation requires an in person consultation with an experienced matrimonial attorney.
A:
Thank you for your question.
It seems you might have to notify the Department of Family Services to advise that your child does not live with the mother and that she is lying to the government in order to receive these benefits that she would not qualify for. Was there a Court Order already in place with regard to Custody? It appears that without additional information, I will not be able to give you a definitive answer, but it does not seem fair that you would pay child support to your child’s mother given the circumstances. She is committing fraud, and she should really be responsible for paying back the state for those benefits since she was the one who lied on the forms. I highly suggest that you meet with a family law attorney who can further assess your situation and give more advice as to how to proceed.
I hope this information was helpful to you.
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