Hewitt, NJ asked in Child Support for New Jersey

Q: if my kids mother dropped child support because i signed paper stating she can move to florida with my son and she

threatens to open another child support can i request she be made bring my son back to nj

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

A: The only thing that you can say to a New Jersey Family Court Judge now is that the reason why she agreed to waive child support from you is because you and she discussed the cost of travel for you to travel to Florida to see your son and the cost of your son coming to New Jersey to visit you.

And, that you and she agreed that the costs of travel back and forth to Florida over the course of a year would be equal to the amount of child support that you were paying.

If that is true and that was what occurred ( reason why she agreed to waive child support from you for the move), then you have a legitimate argument to make. If you have no plans to visit your son in Florida and no plans for him to come to New Jersey to visit you, then your argument will not fly and you will lose.

Let me explain.

The obligation for the payment of child support and your right to parenting time are separate items and regardless of what your ex promised you to get you to agree to permit her to move out of state, the obligation for the payment of child support is owed to your child and he is entitled to be supported by both of you. The only exception would be if you and she discussed the costs associated with the move and that there was a logical reason for the suspension of payment of child support to cover the costs incurred by you.

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

A: Thank you for your question. The short answer is that child support and custody are not intertwined. The right to receive child support belongs to the child and a parent cannot waive support on a child’s behalf. As such, the likely answer is that she will always be permitted to file an application requesting child support. If you do not want her to take your son to Florida, you are certainly permitted to file an application to stop her from moving. I would strongly suggest that you schedule a consultation with an attorney specializing in family law to discuss your options.

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