Blackwood, NJ asked in Child Support for New Jersey

Q: Do I have to pay back child support before my court date?

My court date is coming up for my second child, but I took my first child mother to court for child support and didn’t get a court date till like 3 months after filling for a court date, I ended up being backed up on child support even tho we didn’t t have court yet so there was no set amount I had to pay yet. They ended up taking my whole tax refund. Know that I have a second court date bec me and the mother couldn’t decide bec she was ok with how much she was going to get but not ok with me having kid for one overnight stay a week, so we decided to take it to court, would I be backed up on child support again ? Why does that happen if they don’t give u a court date earlier? Is there something I can do to prevent it this time ?

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2 Lawyer Answers

Leonard R. Boyer

  • Brooklyn, NY
  • Licensed in New Jersey

A: If possible it would be in your best interest to do so. But, you better retain an experienced matrimonial attorney and not try to handle this on your own. Good luck.

Bari Weinberger

  • Parsippany, NJ
  • Licensed in New Jersey

A: Thank you for the opportunity to respond to your question. First I am not quite clear because you state that there is no set amount you are supposed to pay, but yet you state that you were backed up and they took your tax return. Such acts generally do not happen unless there is an order in place already. If there is an order in place you need to continue paying until the court hears and decides the motion. Please note that the judge will go back to the filing date of the motion after the case is decided to determine if any adjustment need to be made if the court lowers or raises the amount to be paid for support. So while there is generally time that passes before the motion is heard and decided, the judge will make the necessary adjustment once it is decided back to the date of filing.

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