Q: The father of my baby says he will support the child. should I still file for child support?
The father took a paternity test. We have never lived together. His mother says that their family can help out in various ways--transportation, childcare, and so on. Does it make sense to see how that goes? Will it still be possible to file for child support later if this goodwill arrangement falls apart?
A:
Child support in New Jersey is considered the right of the child, meaning that it cannot be waived by either parent. Parents can file for child support at any age, so even if they agree not to seek support for the time being, they can still file later. However, child support will normally be calculated as of the date a petition is filed (meaning it is generally not possible to seek retroactive child support from before the filing date). Child support in New Jersey is typically calculated according to a formula, which takes into consideration the child’s age, the parenting time schedule, the cost of work related childcare, both parents’ incomes, among other factors. I would strongly encourage you to ask for specifics on how much financial support the child’s father intends to provide and to consult a family law attorney to better understand your and your child’s rights. I hope this helps and wish you the best as you navigate this situation.
Disclaimer - The foregoing is not legal advice and does not constitute the formation of an attorney client relationship.
A:
The father says that he is willing to support his child. Presuming he is being honest, why would you then file an application with the court to potentially get the same amount that he is offering without court intervention?
If anything, hire a lawyer to know what you are entitled to receive and have the lawyer prepare a formal agreement spelling out the obligation and the calculations.
A: Thank you for your question. Assuming that the father's paternity test was positive, you always have the right to seek child support from him for the benefit of the child, whether now or a few years from now. However, the longer that you go with accepting the goodwill of him and his family, the greater the chance that you may be missing out on months or even years of additional support that he owes under the law. Also, please be aware that you typically cannot seek retroactive support, so if the court determines in a few years that he should have been providing more, you cannot seek reimbursement for that at that future date but only going forward from that point. I hope this helps.
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