Q: My ex filed a continuation of cs in New Jersey. Staying my daughter is in college. I was told she isn’t going to college
My ex filed a continuation of cs in New Jersey. Stating my daughter is in college. I was told she isn’t going to college anymore. Will she have to provide documents every semester for proof to the cs services or is it a one time deal and she is using the documents before my child quit.
A: You can bring a motion to have your child declared emancipated and your ex-wife would have to prove that your daughter is in fact in college. Children at that age frequently change their minds about going to college or not. As to the rest of your question, there is no standard answer. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.
A: The court system has no knowledge as to whether your daughter is or is not enrolled in college. Your ex filled out a paper from the probation department claiming that your daughter is enrolled in college at present. If you believe that your daughter is not enrolled in college and that your child support obligation should end, then you have to file an application with the court to address the issue/reimbursement of payment of child support if she has not been in college. It is not a simple application and I suggest that you meet with / retain an experienced family law attorney to handle it because if you do it wrong, you will be paying child support for the next several years unnecessarily with no or limited recourse.
A: Thank you for your question. I am sorry your ex-wife is apparently being deceitful. You have to file an application (Notice of Motion) with the court asking that your child support be terminated due to the fact that your child is no longer in college. At that time, your ex then has to provide proof that your daughter is a full-time college student. There may be some exceptions (if she was sick and could not attend, for example), so I strongly recommend that you consult with a Family law attorney in order to fully explore your options and your rights.
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