Newark, NJ asked in Child Support for New Jersey

Q: I have arrears my son was living with me since 2007 child support didn't stop until he turned 18

It didn't stop until 2009 I have a warrant now and I don't think I owe this money HELP ME PLEASE! THANK YOU

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2 Lawyer Answers
Teresa L. Reichek
Teresa L. Reichek
Answered
  • Mount Laurel, NJ
  • Licensed in New Jersey

A: Thank you for your question. I'm sure that is a very stressful situation. You should immediately contact the probation department and make sure they know that your son is over 18. If you are on amicable terms with the other parent you should also ask him or her to contact probation and suspend enforcement. That may cancel the warrant. Those are quick fixes.

In the long term you will need to file a motion for an audit of the probation account and also asking the court to address the issue of arrears for the time that your son lived with you. Motions require certifications and proofs attached at exhibits. Therefore you should consult with an experienced family law attorney. You will receive advice tailored to your situation. Many firms, including mine, offer free consultations to help you better understand your rights and obligations.

Richard Diamond
Richard Diamond
Answered
  • Millburn, NJ
  • Licensed in New Jersey

A: If you have a court order identifying the change in physical custody of your son from your former wife to you in 2007, you can show the probation department officer same. If you dont have a formal order for the transfer of physical custody to you in 2007, then hopefully you can get your former wife to sign a document acknowledging the change in physical custody over to you in 2007 and that child support should have stopped upon the change over. If she will not sign same, then you will need to get a print out from your probation department account showing the arrearage history back to 2007 and you will need to file a formal application with the court to correct the probation department account and vacate the arrears on the account after the date of the change over. You will need to supply every piece of paper as part of your application showing the change in physical custody, the date of the change over, etc. In filing an application with the court, the certification in support of your request can be up to 25 pages typed - plan to use most of that 25 pages since you need to start with the original custody plan, when implemented, what the original arrangement was, the discussions about its change, when it actually changed, what your overnight setting was after the change, etc.

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