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New Jersey Child Support Questions & Answers
1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: What does moving party checked in and left court w/o asking for an adjustment. Matter is dismissed LOP w/o prejudice?

I requested a DNA test back in Jun 2018. Mother never took the child, that I am aware of. But I mysteriously received some DNA results in the mail in Feb of 2019, and received an order from the courts in April 2019 stating the case was dismissed LOP w/o prejudice. Does this mean she possibly never... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 20, 2019

That is probably what happened. Since the case was dismissed without prejudice, it can be refiled.

1 Answer | Asked in Child Custody, Child Support and Divorce for New Jersey on
Q: My husband has been unemployed for 6 years. I filed for divorce and he is in default. Now suddenly he has a good job. I

I already sent in equitable distribution papers asking for things at a lower level . Can I change the papers

Leonard R. Boyer
Leonard R. Boyer answered on Oct 16, 2019

Although you can amend the document, you really need to retain an experienced matrimonial attorney. You are emotionally involved, do not know the rules of court, case law and many more factors.

1 Answer | Asked in Child Support for New Jersey on
Q: my ex husband filed a motion to stop paying child support bc my daughter moved in with him but stays with me on weekend

My daughter is in college and I moved further away from her school so she is staying with her dad bc he’s closer but she still comes to me on weekends and stays with my mom one day a week. Can a judge stop child support or reduce payments bc she’s not with me full time now

Leonard R. Boyer
Leonard R. Boyer answered on Oct 12, 2019

Yes, with a motion based on changed circumstances, your child support will be reduced. The main thing is that your daughter's college education is being paid.

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for New Jersey on
Q: What form or forms should I be completing to respond to a motion filed by my ex-husband? I do not agree with his motion

My ex-husband and I filed our own divorce paperwork in 2014. He filed a motion two weeks ago that I disagree with and need to file a cross motion. I want to make sure I am filing the correct forms and providing the correct information. The more I read about the content of cross-motions, forms,... Read more »

Bari Weinberger
Bari Weinberger answered on Oct 7, 2019

Thank you for your question. Although the Court does have forms to address the application that has been filed, it would be best to consult an attorney to ensure an appropriate response is filed. As you note, this process can be difficult. Certain rules must be followed in order to ensure that the... Read more »

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1 Answer | Asked in Consumer Law and Child Support for New Jersey on
Q: What can I do about my bank account being levied even though I pay my child support plus extra to cover the past due.

I get garnished. If they levy my account I’ll be homeless in a months time I barely make enough money to survive as it is

Leonard R. Boyer
Leonard R. Boyer answered on Sep 17, 2019

Depending on your overall circumstances and how the numbers work out, you have 2 main choices. The first one is to retain an experienced matrimonial attorney to file a motion based on changed circumstances to reduce the amount of child support. The alternative, which would depend on your overall... Read more »

2 Answers | Asked in Child Support for New Jersey on
Q: I pay child support on time every week. But, the mother is always asking for more money. Do I have to give it to her ?

We have joint residential custody. At the time of our hearing, about 10 years ago, I was making more money. Now, she makes more and has her own business. I still pay child support and go half with her on everything else. Camp, clothes, birthday’s, I pay the medical bill, etc. when, my kids are... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Sep 17, 2019

Unless and until she obtains a new Court Order, you are not obligated to pay her more. Child support has nothing to do with what type of parent you are. If you believe you are paying too much now, based on your current income, you should retain an experienced matrimonial attorney to represent you... Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: Is it legal for a grandparent that has temporary physical custody of grandchild in nj

Is it legal for a grandparent that has temporary physical custody of grandchild in nj to transfer physical custody of child to one parent without going to court. My son’s and his mother moved from her mothers “grandmother” house. My son doesn’t even live with the grandmother anymore but she... Read more »

Bari Weinberger
Bari Weinberger answered on Sep 6, 2019

Thank you for your question. The short answer is, it depends. I suggest you consult a family law attorney to review the current order that is in place and discuss potential changes of circumstance.

1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: In a custody case my ex is asking me to provide medical leave information and documents provided by medical professional

My ex lawyer just sent me a request for additional discovery for custody case. The lawyer is requesting all my hospital records resulting to hospitalization, my medical leave information if it was approved through my employer and all documents medical professionals submitted to my employer. She... Read more »

Bari Weinberger
Bari Weinberger answered on Sep 6, 2019

Thank you for your question. I understand how worried you must be in being requested to turn over private documents and information. The short answer is that as part of a litigation if allowed by court rules and/or permission of the court one party can request information/documents from the other... Read more »

2 Answers | Asked in Child Custody, Child Support and Domestic Violence for New Jersey on
Q: Is it okay to drop charges of domestic violence ? Will this affect me getting child support ?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Aug 27, 2019

Child support has nothing to do with a restraining order so no it should not affect it.

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1 Answer | Asked in Child Support for New Jersey on
Q: I need to file for a "change of circumstance" in child support. Can I get an attorney to help me? I am unemployed.

I am unemployed due to student teaching and do not qualify for Unemployment. My ex has gained new employment, presumeably a higher income, and lowered the children's medical that he is responsible for. He is responsible for the premium (this is what was used to calculate child support) and I am... Read more »

Noel Rivers
Noel Rivers answered on Aug 27, 2019

Based on the information you provided, it appears that you have grounds to bring your ex back to court. I understand your concerns regarding your ex not contributing towards certain expenses for the children. The New Jersey Court Rules break down what expenses are included child support. If you... Read more »

2 Answers | Asked in Child Support for New Jersey on
Q: Do I have to pay back child support before my court date?

My court date is coming up for my second child, but I took my first child mother to court for child support and didn’t get a court date till like 3 months after filling for a court date, I ended up being backed up on child support even tho we didn’t t have court yet so there was no set amount I... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Aug 23, 2019

If possible it would be in your best interest to do so. But, you better retain an experienced matrimonial attorney and not try to handle this on your own. Good luck.

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New Jersey on
Q: Need divorce advice for husband who left home due to mental and physical abuse by the stay at home mother.

Husband left the home due to mental and physical abuse over 2 years. The mother was a stay at home mom and filed first because he left, he willingly paid the rental amount for 2 months plus groceries and other needs but stopped when she restricted the father access to the child because he can only... Read more »

Noel Rivers
Noel Rivers answered on Aug 15, 2019

If you cannot afford an attorney, I recommend you contact the legal aid department in your area and see if they will take your case. I also recommend contacting the social justice centers of any law schools in your area, as some of them are equipped to handle certain family law cases for indigent... Read more »

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2 Answers | Asked in Divorce, Child Custody and Child Support for New Jersey on
Q: What happens if I cannot afford a divorce?

I make 65k a year, my wife makes 120k a year. We have 2 kids 1 & 4 in daycare that costs 2k a month. About how much would by monthly obligation be if we divorced? I would prefer 50/50 custody however I can see it being 30/70 in her favor due to my undesirable living arrangements after the... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Aug 1, 2019

You cannot afford not to retain an experienced matrimonial attorney. You are making too many assumptions that are not "real". You need to have an in person consultation right away to enable you to know what reality is and what to expect.

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1 Answer | Asked in Child Support for New Jersey on
Q: How as the daughter in college at age of 21 turning 22 can I receive the child support money?

My father is required to pay child support to my mother, but she moved to South Carolina and I live in New Jersey, and she does not pay towards my college. How can I be eligible to receive all of the money when she pays none of my bills and uses half of the money to pay her rent to a place I do not... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Jul 30, 2019

You should consult with an experienced family law attorney who can assist your father in filing a motion to emancipate you and terminate the child support. There are multiple factors involved. Many firms, including mine, offer free consults to give you a better idea of what is involved.

1 Answer | Asked in Child Support for New Jersey on
Q: Ex-wife remarried moved out of state child no longer lives with her am I required to pay child support
Teresa L. Reichek
Teresa L. Reichek answered on Jul 29, 2019

You are required to pay child support until and unless you get a new court order. Given the change of circumstances you have described you should consult with an experienced family law attorney to file a motion to modify your prior order and give you a credit for any support paid after the date... Read more »

1 Answer | Asked in Child Support and Family Law for New Jersey on
Q: How does a child working affect child support payments? Can that cause a reduction in support payments?
Bari Weinberger
Bari Weinberger answered on Jul 26, 2019

Thank you for your question. The answer to your question really depends on the child’s age. If they are under 18, and it is a child support guidelines case, then the child’s income is not included. However, if the child is over 18 and living away at college, child support is determined on... Read more »

2 Answers | Asked in Child Support, Criminal Law and Family Law for New Jersey on
Q: MY husband, had a child before I met him when she was 5 the mother took her back to her country, while still getting

child support he went back and forth to the court telling them she's not in the country and 8 times they stop the support they tell her to bring school records she never does the she waits a year and goes back to file another support order final in Feb 2018 they judge stop the order and told her... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jul 12, 2019

An Appellate Court proceeding is not a new trial. What your husband needs to do is to retain an experienced matrimonial attorney to make a motion in NJ based on the current realities. But child support and visitation have nothing to do with each other. Appeals statistically fail the vast majority... Read more »

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1 Answer | Asked in Child Support for New Jersey on
Q: If I pay child support. I am going to have custody of my son for the next 2 wks. Do I have to pay during those 14 days?
Bari Weinberger
Bari Weinberger answered on Jul 1, 2019

Thank you for your question. When you pay child support it is determined on a weekly amount throughout the course of the entire year. When you have the child overnight, you are given credits for the time you have so that you are always paying the same amount each week even when you have the child.... Read more »

2 Answers | Asked in Child Support for New Jersey on
Q: Am I entitled to child support after not going after it for 16 years?

16 Years ago, I had agreed not to receive support, and he wouldn't exercise visitation or custody, both understanding either could change their mind. My daughter now wants to meet him, but he refuses and has stopped answering texts or calls. Are we entitled to support after going years without it?

Teresa L. Reichek
Teresa L. Reichek answered on Jun 28, 2019

New Jersey does not do retroactive child support. You are entitled to support from the day you file your first request.

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1 Answer | Asked in Child Support for New Jersey on
Q: I was just arrested for non payment of child support missed 1 work day is it lrgal to be fired for this

My boss was asked by state of nj for garnishment never paid it

Teresa L. Reichek
Teresa L. Reichek answered on Jun 24, 2019

NJ is an "at will" employment state. You can be terminated for any reason or no reason (except exist, for example being part of a protected class). If you feel you have been treated unjustly then you should contact a qualified employment attorney.

If your check was supposed to be garnished...
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