Williamstown, NJ asked in Divorce and Child Support for New Jersey

Q: Can my ex stop his child support since my boyfriend moved in?

We have joint custody of three children. I am the parent of primary residence. He pays me $400 a month for three children in child support. My boyfriend moved in and now my ex wants to stop his child support payments.

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

A: Every situation is unique and has many factors. I can tell you that cohabitation is a reason to stop alimony payments, but not child support. Those are still his children and he still shares responsibility for their needs. That being said, you should consult with an experienced family law attorney who can evaluate your particular situation. Many firms, including mine, offer free consultations.

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

A: The short answer is No, since your boyfriend does not have a legal obligation to support the children of your prior relationship with your former husband. Child support in NJ is calculated based on your gross income ( or an imputed gross employment income to you), your former husband's gross income ( or again an imputed gross employment income), the number of your overnights with the children annually, the number of his overnights annually with the children, the amount of the children's share of the health insurance coverage and who pays for their share of the cost, the age of the children ( under certain settings, once they cross an age threshold, the program allows an adjustment to the amount of child support payment since older children are more expensive ) and you can include a reoccurring work-related child care cost as part of the guideline as well. On a separate note, 400.00 per month for 3 children translates to 92.30 per week (for 3 children) suggests that either your ex makes very little money or is grossly underpaying you for child support purposes. If nothing else, to avoid the threats, I would press to have all payments of child support paid through the county probation department system so that you can reduce the inappropriate communications between the 2 of you.

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