Wayne, NJ asked in Child Support for New Jersey

Q: My ex filed for child support 5 months ago but haven’t got a court date or any actions taken yet will I owe Those months

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2 Lawyer Answers
Richard Diamond
Richard Diamond
Answered
  • Millburn, NJ
  • Licensed in New Jersey

A: When your ex filed her application for child support, did you call the court to find out which judge the application was assigned to and when was the return date? Sitting back and waiting for an order from the court is the worst way to handle this issue. To begin with, the court will view the application as unopposed and therefore accept everything in her submission as true ( if not, presumably you would have filed opposition papers and proofs to show that the information was wrong). Then the court will most likely enter the effective date of the order, the date of her filing; which means that by the time it gets to the probation department and the paperwork is served on you / your employer, you are several months in arrears and those arrears then result in consequences to you. I would call or email your ex and ask her whether the court ruled on her applicaiton and if so, can she provide you with a copy of the order. If she says that the court has not ruled on her application yet, then tell her that you would like to work it out peacefully and that you are going to meet with a family law attorney to review her application and your income setting to see if you cant come up with a fair child support agreement with her in accordance with the child support guidelines. Does not hurt and is a better way to handle things instead of simply waiting for an employer to be served with a garnishment order.

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

A: Thank you for your question. Child support payments can be retroactive to the day your ex actually filed the pleadings requesting support with the Court. However an attorney can help you devise a way to address that issue with the Court. I would encourage you to schedule a free consultation with one.

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