Mullica Hill, NJ asked in Child Support for New Jersey

Q: Is it legal for a wife to continue to collect child support from her husband whom she is married to and living with

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2 Lawyer Answers
Paul Ylvisaker
Paul Ylvisaker
Answered

A: No. Not if they reside together.

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

A: My guess is that at the time that an order was entered by a court, you and she were not living together and after entry of that order, you and she resumed living together, and presumably, the payments are being made through the county probation department system and either your wife takes the position that you are not properly supporting your child and therefore she does not want to terminate the order of support or she is taking a "pilate - like" stance, saying that she does not know how to terminate the order ( the term refers to a person acting like Pontius Pilate and attempting to absolve herself of responsibility for her own actions). If she wants, you and she can submit a consent order to the court which entered the original order of support (following the exact same format of that order) vacating the order effective XXXXXX2021 and directing the probation department to close out its account and return to you any money collected after XXXXX. The order must state that the prior order dated xxxxxx for the payment of child support is herewith vacated effective xxxxx 2021 ( it cannot be retroactive for a variety of reasons since it will create confusion) and that the probation department ( identify the county and the account number for the account) is herewith to be closed out, any claim of outstanding arrears vacated as well and any money collected and not paid out to be returned to you. After you and your wife sign off on that proposed order, then you submit it to the court which entered the original order ( call the judges chambers to find out where and how to submit the proposed order, how many copies and provide a stamped return envelope for the court) and when you get it back, then you have to serve it on your probation department officer and his department with a cover letter telling them what the order provides - don't simply send an order and expect everyone to know what you want to be done and why it was sent to them. Presume that everyone is very busy and if you dont spoon-feed everyone in the process, it will most likely get screwed up and will not take place, and then you will be angry at the system. If you want to handle it yourself, then you need to be detailed oriented and do all of the proper follow-ups.

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