Belle Mead, NJ asked in Child Support and Family Law for New Jersey

Q: If your child support payment is paid directly to custodial parent, how do you terminate child support?

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3 Lawyer Answers
Richard Diamond
Richard Diamond
Answered
  • Short Hills, NJ
  • Licensed in New Jersey

A: If payment of child support is direct and your agreement says that child support ends upon graduation from college, then you should not need an order of the court.

Where you would need an order of the court, or a letter signed by your ex as to the termination date is when the probation department is involved since it has no independent ability to terminate child support without an order or signed writing.

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Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Clifton, NJ
  • Licensed in New Jersey

A: You have to retain an experienced matrimonial attorney to file a motion for emancipation. This is the way to do it properly and avoid problems or potential problems. You should also consider the attorney's reviews. 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. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.

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

A: Thank you for your question. First, check with the payee and see if she is willing to agree to terminate via a signed consent order which needs to be sent into the court and probation. If not than the payor would have to file a motion with the court to terminate child support based on the law or their agreement. If child support is not terminated properly the payor could cove themselves with a running amount of arrears because the support was not properly terminated. You might also want to speak to a family law attorney in order to discuss your matter thoroughly.

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