Long Branch, NJ asked in Child Support and Family Law for New Jersey

Q: My child is 3 and never met his dad. I took him to court, he never appeared and support order was issued.

Paternity test was issued. Did not comply with any of it. Months later, the father is taking me back to court to decrease/terminate order and requesting parenting time. He makes money but there is no proof of it. He lives in another state where he moved to a few months ago. He didn't even know my sons full name until he received the court paperwork. He chose to be the absent parent. Now he's only doing this to be spiteful, and not really to be a part of his son's life. I know I can request supervised visits but I don't know how it works being he lives in a different state. I don't feel safe having my son around him. He will lie to the judge and say he can not afford it but in 5 months paid almost $6000 which includes a lump some of the arrears. The order was not alot of money but can it be decreased if he goes? I dont know how he will prove how he supports himself....

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2 Lawyer Answers
Leonard R. Boyer
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Answered
  • Clifton, NJ
  • Licensed in New Jersey

A: I understand your panic and concern. But the Court is not going to be sympathetic to him. You need to retain an experienced matrimonial attorney to represent you, which includes preparing a proper responsive pleading. This is not something that you can handle on your own. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.

Bari Weinberger
Bari Weinberger
Answered
  • Parsippany, NJ
  • Licensed in New Jersey

A: Thank you for your question. I understand that this is a very difficult situation for you. There seems to be two parts to your inquiry.

First, in terms of parenting time, the short answer is that the Court must consider the best interests of the child, which includes the type of relationship that each parent has had with the child and how to best introduce a (previously) absent parent to a child, sometimes with professional intervention and guidance. The Court will also consider the distance between your home and your son’s father’s home.

Second, when making determinations regarding support with “missing” financial information, the Court can impute income to a parent based upon their occupation or even examine their expenses, assets and debts to determine what they may be earning. If the other party has recently paid a large lump sum towards support and arrears, the Court can inquire about those funds and how they were obtained.

I strongly suggest that you schedule a consultation with an experienced family law attorney in New Jersey who can review your prior orders, discuss the specific facts of your situation with you and provide more specific guidance to you.

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