Fords, NJ asked in Child Custody, Child Support and Family Law for New Jersey

Q: I am in NJ. My ex doesn’t pay child support. If a lawyer filed a motion, can my ex Counter with request for more custody

I’ve been in contact with the state probation department about twice a month and he’s failed to give accurate employment and resident/contact information. He also didn’t come to our first hearing about enforcement via telephone but apparently

Nothing can really be done with Covid to enforce it properly. I have full custody and dont want to risk filing a motion on my

Own if he can cross motion for more time and custody. Thank you

3 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer
Answered
  • Divorce Lawyer
  • Clifton, NJ
  • Licensed in New Jersey

A: You need to retain an experienced matrimonial attorney to represent your interests. Just because your ex-may file a motion does not mean that he will get what he is seeking. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.

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

A: Despite the effect of Covid on the court system over the past 2 years, judges and their staff are now back in the courtrooms throughout the state and the court system is getting back to running normally. Regardless of whether you seek enforcement of your child support order, he always has the right to seek a modification of his parenting time plan, presuming that he can show a change in the setting to justify it. It is not unusual that someone threatens to seek more parenting time when an application for payment of child support is made and judges see it all the time... so the focus will be on the nature and quality of his existing relationship with your child and whether what he is seeking makes sense, is reasonable and is in the child's best interest. Simply because he is angry at you and wants more time does not mean that a court will conclude that it is best for your child. My suggestion is that you meet with a family law specialist to work with you on the enforcement application so that it gets done correctly.

Bari Weinberger
Bari Weinberger
Answered
  • Divorce Lawyer
  • Parsippany, NJ
  • Licensed in New Jersey

A: Thank you for the question. It sounds like you need to file a motion for enforcement with the court and to address arrears and obtain accurate income information. The court are operating and should be able to address the motion you file in normal course, whether virtually or in person. He will have the right to file a cross-motion seeking his own relief. If he files a cross-motion addressing a change in custody and/or parenting time he will need to demonstrate a prima facia change in circumstances as defined by New Jersey law, which would merit a revision of any existing court order regarding same. These determinations are very fact specific. If you have any questions, feel free to schedule a strategy session an attorney to discuss the details of your case and help you determine the best course of action.

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