Q: How do custodial changes in circumstances get handled in NJ? My kids have moved from their Mom's to me.
Good morning. Both of my kids (now adults) have opted to move out of their mother's and move in with me. Oldest (now 21) moved out just before turning 19, and now lives on her own. Youngest (now 18) just moved in with me and still attends HS. I have not done anything legally yet. I don't know what steps to take, and which step(s) requires a lawyer and which do not. At the very least, the change of circumstances needs to be documented and the CS adjusted accordingly. I am now paying CS to the mom who, in fact, has neither of the kids any longer. I've paid CS directly to her since May 2014 with no issues. I have never paid through the NJ Dept of Human Services.
I visited the NJ Courts site and tried calling the family law offices today; apparently they're closed.
A: Thank you for your question. Custodial changes can occur and be handled in a few different ways, but generally, a change in residential custody of a child, and of child support obligations, should be handled by written agreement and/or court order, depending upon the circumstances. It appears from your question that one child may be emancipated (and therefore there should be no support paid), if that child is living on their own and self-supporting, but emancipation is a fact-sensitive case. You should contact a family law attorney to discuss how to proceed and your options for ensuring that the change in custody and child support obligations are properly noted with the court and enforced/amended to reflect the current situation.
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.
