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New Jersey Child Support Questions & Answers
1 Answer | Asked in Divorce and Child Support for New Jersey on
Q: What do I do if my lawyer unresponsive and has not helped me in two years with a simple divorce case

My husband left and served me divorce papers in Oct. 2021- my was 16 at the time and now 18 and in college - I have not received any child support or aid for my daughters college - my lawyer claims to file a motion but court said they never received - I am suffering financially because of the... View More

Richard Diamond
Richard Diamond
answered on Mar 22, 2024

My suggestion is that you need to schedule a consultation with another divorce lawyer. I dont know what occurred between you and your current lawyer but obviously there is an issue. If you want, write to the lawyer and ask him if he can schedule 10 minutes to update you on the current status of... View More

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for New Jersey on
Q: Can I move out of the house with my kids before a divorce or agreement? Or would it be abandonment I live in NJ

Married 8 yrs living together 16. 2 kids 9 & 11 yrs old. The house is only under my husbands name but was bought right after my youngest son was born but before we got married, he doesn’t work(hasn’t for a few yrs) I pay the mortgage (I give him the money cash) and also pay bills thru my... View More

Allison Kruk Ormond
Allison Kruk Ormond
answered on Mar 12, 2024

Abandonment or desertion is a fault-based ground for divorce in New Jersey. It is defined by statute (N.J.S.A. 2A:34-2) as "willful and continued desertion" for a term of 12 months or longer. One way to establish abandonment as a fault-based ground for divorce is by providing proof that... View More

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1 Answer | Asked in Child Support, Family Law and Collections for New Jersey on
Q: What can I do if child support enforcement is trying to go after debt I cannot pay off because I am poor?

I am a 3 combat tour vet who is on VA disability and cannot work due to severe PTSD. I gave up my parental rights and child support enforcement in Washington state is attempting to collect on what I owe by dissolving what I own at this point is clothing and what I do use is loaned to me from my... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 7, 2024

Contact legal aid or other legal services organizations in your city who can take care of this for you for free.

2 Answers | Asked in Family Law, Child Custody, Child Support and Juvenile Law for New Jersey on
Q: My dad kicked me out of the house at 17 but won't let me proceed with adult measures. What do I do?

I became pregnant at 17 and made my dad aware. He told me that if I kept the baby, I would be out of the house but if I got rid of the baby, I could stay. I decided to keep the baby but asked if I could stay at least until I finished school and he continued to say that if I kept the baby, I would... View More

Richard Diamond
Richard Diamond
answered on Jan 28, 2024

You need to meet with a social service worker from the county where you lived while living with your dad to find out what resources are available to you for healthcare, schooling, housing, etc to be able to finish school and for the baby's benefit. I would also talk with the father of your... View More

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1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: The court order and the transcript contain conflicting information

The court order does not specify that I am required to cover insurance premiums or extracurricular activities for the children. However, the court transcript indicates that the judge mentioned I need to bear these expenses. The other party has now filed a motion asking me to pay the bills. Is this... View More

Richard Diamond
Richard Diamond
answered on Jan 24, 2024

If the transcript of the court proceeding contains specific items that the judge told you to take care of, but it appears that he forgot to include those items in his order, presume that he will take the position that the transcript controls and then he will correct his order to reflect those... View More

2 Answers | Asked in Family Law, Divorce, Child Custody and Child Support for New Jersey on
Q: I have joint custody of the children. My adversary hasn't consulted with anything, now ask me to pay for all expenses

I have joint custody of the children, but my adversary hasn't consulted me on any decisions since our divorce.

Without my input, she chose an expensive out-of-state school for our son. Recently, she filed a motion seeking me to cover all college and additional expenses. Do I stand a... View More

Richard Diamond
Richard Diamond
answered on Jan 24, 2024

You NEED to meet with an experienced divorce lawyer and have him prepare your opposition paperwork and your cross application addressing your ex's failure / refusal to cooperate with your rights as a joint legal parent under the terms of your agreement. Simply walking into court and thinking... View More

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1 Answer | Asked in Family Law, Child Custody, Child Support and Constitutional Law for New Jersey on
Q: Can the father of his pregnant minor daughter put the daughter's boyfriend on child support when the baby is born?

I'm currently 17 years old and I recently told my father I was pregnant. He's pushing abortion pretty hard but that's not my choice. The father of the baby is very involved and is currently 18. My father has given me an ultimatum: if I don't abort the baby, I'm to not be in... View More

James L. Arrasmith
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answered on Jan 10, 2024

In your situation, it's important to understand that parental rights and responsibilities primarily rest with the biological parents of the child, not the grandparents. Once your baby is born, you and your boyfriend, as the biological parents, are the primary individuals responsible for the... View More

1 Answer | Asked in Divorce, Family Law and Child Support for New Jersey on
Q: Health Insurance cost sharing when ex claims a kid for her own tax break?

Under my own name as PPR, claiming both kids qualifies them for cost-free Medicaid. By claiming my daughter on her taxes, my ex gets one deduction but potentially disqualifies my daughter from being covered under my Medicaid. If that happens, who becomes responsible for the new healthcare costs... View More

Leonard R. Boyer
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answered on Jan 1, 2024

The facts you stated do not support the results that you mentioned. You really need to retain an experienced matrimonial attorney to determine exactly what the situation is. Any custody or other issues should be resolved in a Court Order. Be prepared to pay a matrimonial attorney a consultation fee... View More

2 Answers | Asked in Child Support and Family Law for New Jersey on
Q: To file motion to terminate child support in NJ, do you do so in the county where you divorced or where you reside now?
Richard Diamond
Richard Diamond
answered on Dec 29, 2023

The county where the divorce judgment was entered.

Make sure you use the correct docket number on all pleadings filed and make sure that you send a duplicate copy of your application to your former spouse at the same time that you file with the court and make sure that you have proof of...
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1 Answer | Asked in Child Support and Family Law for New Jersey on
Q: Who pays for child's health insurance after the child is emancipated in New Jersey?

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Richard Diamond
Richard Diamond
answered on Dec 29, 2023

Not an uncommon question today. Most people acknowledge that even after their child graduates from high school/college and goes into the workforce, they still need assistance from their parents, including continuing to keep them on their health insurance plan until their child turns 26. So even... View More

3 Answers | Asked in Child Support and Family Law for New Jersey on
Q: If your child support payment is paid directly to custodial parent, how do you terminate child support?

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Richard Diamond
Richard Diamond
answered on Dec 29, 2023

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...
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2 Answers | Asked in Child Support and Family Law for New Jersey on
Q: Son moved out of his moms house at 18, hes now 20, I have arrears to pay but want it to go to him, not her.

In kayahan vs kayahan the father was allowed to pay the arrears directly to his son. that's what i would like to do. The mother and him aren't talking and he is willing to be on my side in court. I would also like to file to have the last year of arrears removed from the file since he was... View More

Richard Diamond
Richard Diamond
answered on Dec 28, 2023

Your understanding of the decision in Kayahan is wrong. In that matter, the court said:

When an unemancipated child is over eighteen (18) years old, a court, may permit the non-custodial parent to pay part of his current child support obligation directly to the child.

You are not...
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2 Answers | Asked in Child Support and Family Law for New Jersey on
Q: Must you go back to court to terminate the child support payment if you have an property settlement agreement in NJ?

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Richard Diamond
Richard Diamond
answered on Dec 28, 2023

The answer is yes if your former spouse signs a letter in favor of the probation department confirming the date of your child's graduation from college and an acknowledgment that child support terminates upon that date. If your former spouse refuses/fails to sign same, how would the probation... View More

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1 Answer | Asked in Family Law, Adoption, Appeals / Appellate Law and Child Support for New Jersey on
Q: I had a hearing on my motion for cs modification the judge granted my request. After the hearing The court received.

A request for an adjournment. And gave accepted it for a new court date. Meanwhile I was there and the hearing took place and the ruling was made. She completely changed her decision with no basis except for the other party saying I used to have a trade that paid well. I don't... View More

Richard Diamond
Richard Diamond
answered on Nov 27, 2023

I gather you filed an application for modification and the other side failed to file timely opposition and then asked the court for a new date to be able to provide the court with new information. Unfortunately, this type of settling happens regularly, especially when the court has 2 pro se... View More

1 Answer | Asked in Child Support, Domestic Violence and Family Law for New Jersey on
Q: If there was neglect and wrongdoing in a IV-D Enforcement case what r the parents rights since a judgment wasn't paid

The responding state intentionally hid two very large judgements, then satisfied them with no reciept of Satisfaction, then night automatic closure was to begin, so not to be found by the system, along with never registering them credit agency and much more. The initiating state required no... View More

James L. Arrasmith
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answered on Nov 24, 2023

In New Jersey, if there has been neglect or wrongdoing in handling a IV-D Enforcement case related to child support, it's important to understand your rights and the potential remedies available. IV-D cases, part of the federal child support program, are subject to both state and federal... View More

1 Answer | Asked in Family Law, Child Support and Civil Rights for New Jersey on
Q: I have been disabled since 1999 and till this date am still being garnished from my SSD, NJ never changed my CS amount.

I have put in for a modification in 2000 but they say it was lost or never received. I am a very sick man and this is making me even sicker how can you help? I have also been denied a passport because of this even though I have been paying over 30yrs my support and arrears.

Richard Diamond
Richard Diamond
answered on Nov 8, 2023

You are probably not going to like my answer, but this is an example of where you need to spend the money to hire a competent divorce lawyer to review your file in its entirety and file an application with the court to correct your account, correct the claim of arrears and potentially close out... View More

1 Answer | Asked in Child Support and Family Law for New Jersey on
Q: Where exactly COLA child support administrative hearings (probation dept) are held in Paterson, NJ?

The notice to appear says to report to "65 Hamilton St., Court Annex". There is no floor or suite number. The mailing address of the probation division is 77 Hamilton street. I am already anticipating the guards at the entrance shrugging their shoulders and having no idea where it is... View More

Richard Diamond
Richard Diamond
answered on Oct 23, 2023

At the courthouse annex, you will let them know that you are there to meet with a hearing officer to do the cola to the existing child support order. If they ask you information about your ex's financial setting, you can provide them with whatever details you are aware of as well.

1 Answer | Asked in Child Support for New Jersey on
Q: In the state of New Jersey can child support garnish my settlement
Leonard R. Boyer
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answered on Sep 22, 2023

Yes child support can garnish your wages.

2 Answers | Asked in Family Law and Child Support for New Jersey on
Q: Why must I continue to pay Child support if my daughter moved out from home and is working and paying rent?

My daughter essentially emancipated herself after graduating high school. She is working and living on her own. I am still on the hook for 1200 bucks a month. Why am I still paying and why does no attorney I speak with think this I'd an issue?

Leonard R. Boyer
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answered on Sep 4, 2023

Emancipation is not automatic, a motion to emancipate her has to be filed. If there are some facts that you have not provided, that would explain why no attorney you spoke to believes it is an issue. So if you not left out key facts, it would require a motion. However, if she is a special needs... View More

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3 Answers | Asked in Child Support and Family Law for New Jersey on
Q: if two people have a kid, can a parents obligation for child support be lifted if both parties sign off on it?

Can a legal document be prepared that alleviates the legal obligation to pay child support if both parties sign it?

Richard Diamond
Richard Diamond
answered on Sep 6, 2023

As a general statement, the answer is no. Even if the other parent signs an document promising not to seek child support from you as long as you never seek a relationship with the child - neither of you is bound by that agreement. You would always have the right to petition the court to see your... View More

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