Elizabethport, NJ asked in Child Support for New Jersey

Q: I’m 24 and my Dad some how with a friend got out of child support when I was about 3. Is it possible for me to claim?

I was only about 3-4 and he had a friend or family “remove” him. Not sure about the details on that and I was recently told this. Id like to find a way to claim or sue. It’s not fair he found a loopholes and id like to know if I could also sue by him having friends in the inside.

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1 Lawyer Answer
Richard Diamond
Richard Diamond
  • Short Hills, NJ
  • Licensed in New Jersey

A: I think that you have been given incorrect information. Everyday, people file applications with the court system claiming that someone is the father of their child. In response, the court system can require that person to submit to a paternity test to verify that they are the biological parent. Once determined, the court imposes a support obligation and the system has been run exactly the same way for the past 30 + years. There is no loophole to the system. If your mother was a millionaire, she would still have been entitled to child support from the father based on his financial setting. The only loophole is if your mother was receiving governmental assistance, then the money collected from the father would be paid into the system and not to your mother. So, its entirely possible that the father did pay support to the county social services system, which in turn provided support for your mother and for you. Alternatively, your mother decided ( for whatever reason) not to file an application with the court system to legally impose a child support obligation on the father and therefore he was not legally obligated to pay child support through the system. Simply because you were told that the father got away with not paying because of a loophole in the system, does not mean that the claim was true.

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