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New Jersey Child Support Questions & Answers
1 Answer | Asked in Child Support and Family Law for New Jersey on
Q: Are there exemptions from paying child support in NJ for persons whom are permanently disabled (brain injury)?

My aunt's husband took a bullet to the head and is now on permanent disability. He is not all there cognitively and he will end up receiving scrap money from disability. They are going to issue a warrant for his arrest and he will absolutely NOT survive if sent to prison. The man is not stable... Read more »

Richard Diamond
Richard Diamond
answered on Sep 15, 2022

He ( and a guardian on his behalf) need to meet with a family law attorney immediately. Yes, there are provisions in the law to address an individual with legitimate disabilities and presumably, if he is disabled, his child[ren] are receiving benefits as well.

1 Answer | Asked in Child Support for New Jersey on
Q: Child in CT and father NJ. NJ established, enforcing support and exclusive jurisdiction. Can CT ask for educ support?

Child is 21 and already in college

Richard Diamond
Richard Diamond
answered on Aug 18, 2022

If New Jersey has established jurisdiction under the uniform child custody jurisdiction and enforcement Act (UCCJEA), then another states court system cannot enter an order unless New Jersey surrenders jurisdiction to Conn (if an application is filed in Conn, you would then have the right to oppose... Read more »

2 Answers | Asked in Child Support for New Jersey on
Q: My child’s father hasn’t paid child support in 14 months. Probation is giving me the run around. Called them 12 times.

Spoke to someone in November 2021 they said I would receive a court date in a few weeks. In January 2022 someone else said they need to look into it. February 2022 they need to verify address/phone number that I gave them. March 2022 somehow didn’t have a record of the address so I provided it... Read more »

Richard Diamond
Richard Diamond
answered on Jul 27, 2022

Im sorry for the experience you are dealing with trying to enforce child support through the probation department system. I dont know if you have the ability to reach out to the senior probation department manager of the county to ask for assistance or if you can contact the head of the probation... Read more »

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1 Answer | Asked in Child Support for New Jersey on
Q: My dad died in November of 2021. Many years ago he had asked me for my social security number to put money in my name.

In a bank account. We never spoke about it again and to be honest I never thought about it until he passed. In a case like this is there any way to find out if there’s an account with both our names on it?

Richard Diamond
Richard Diamond
answered on Jul 21, 2022

When your dad passed away, who was in charge of his financial affairs? Im sure that the accounts identified whether they were in his name alone or in joint name or payable to you upon his death.

2 Answers | Asked in Child Support for New Jersey on
Q: How long after a hearing for child support before judge schedules decision? Hearing was May 27 and no response

Motion filed pro se. Judge ran out of time because hearing was held at 5. Said we would be on record with decision following week. Am now told that court is booked and they don’t know when judge will get us back on record. It will be a month on Friday and crickets from court

Richard Diamond
Richard Diamond
answered on Jun 23, 2022

I am guessing that the court never began the actual arguments on the record in your matter concerning child support. Like every other profession in the world, things sometimes fall through the cracks, and you need to follow up with the judge's chambers to inquire as to the status of the... Read more »

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2 Answers | Asked in Family Law and Child Support for New Jersey on
Q: What does it mean when I have current balance due of a negative -$7000 in childsupport
Richard Diamond
Richard Diamond
answered on Jun 23, 2022

Either there is a major mistake in your account in your favor or you have overpaid your support obligation by 7,000. I would reach out to your probation department account officer to ask that an audit be undertaken on your account to confirm the error/overpayment. If there is an overpayment, then... Read more »

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1 Answer | Asked in Family Law, Child Custody, Child Support and Social Security for New Jersey on
Q: If judge determines no CS due to equal joint custody, can other parent be granted " turn over full SSD Auxiliay benefit

Judge said, "benefits follows the kid" & "is not child support." Ex makes WAAAAAAY more than I. I receive SSD & kid gets it on my disability. Plus, I am req to provide separate living space for kid. (Shared parent rule) BUT how can I afford room with out the benefit that... Read more »

Richard Diamond
Richard Diamond
answered on Jun 2, 2022

you need to schedule a consultation with a family law specialist to discuss the order entered by the court. I presume that you appeared pro se in connection with the entry of that court order and therefore a family law attorney needs to read the pleadings filed with the court, the court's... Read more »

3 Answers | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: I am in NJ. My ex doesn’t pay child support. If a lawyer filed a motion, can my ex Counter with request for more custody

I’ve been in contact with the state probation department about twice a month and he’s failed to give accurate employment and resident/contact information. He also didn’t come to our first hearing about enforcement via telephone but apparently

Nothing can really be done with Covid to... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on May 13, 2022

You need to retain an experienced matrimonial attorney to represent your interests. Just because your ex-may file a motion does not mean that he will get what he is seeking. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.

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1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for New Jersey on
Q: Mother has sole legal and residential custody. Child is autistic. Father does not take to any appointments, doesn’t

Help when he’s on school break, won’t communicate because “the new girlfriend doesn’t like it”, won’t check on the child’s well being, and the child comes home very hungry and once with a deep scratch on the pelvic area. the mothers boyfriend/father to mothers other child takes off... Read more »

Richard Diamond
Richard Diamond
answered on May 9, 2022

This is a trick question. Your ex pays 90.00 per week in child support voluntarily but has little to no involvement in your child's life. Your current boyfriend is caring and involved in your child's life and wants to continue to be involved. Your ex is not stopping your boyfriend from... Read more »

1 Answer | Asked in Divorce, Family Law and Child Support for New Jersey on
Q: Would paying CS based on Appendix IX-A & paying for memberships ordered in an MSA constitute a burden to the payor?

Parties entered into an MSA based on 50/50 custody. Plaintiff argued for child support and primary parent rights two years later based upon significant changes and won. Court ordered child support be paid under NJ state guidelines. Plaintiff now wants to enforce MSA that states defendant should... Read more »

Richard Diamond
Richard Diamond
answered on May 2, 2022

Ordinary extracurricular activities are covered in the child support guidelines but if your child's participation in a sports program is an "extraordinary" type of reoccurring expense, it can be addressed separately.

So, the 1st question is whether you agreed to share in...
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1 Answer | Asked in Child Support for New Jersey on
Q: Will child support take all my money they froze my account. Is it to late to set up a payment arrangement
Richard Diamond
Richard Diamond
answered on Apr 14, 2022

The short answer is - it depends. If you have been in regular contact with your probation department rep about your fiancial setting and responsive to his / her calls about your employment setting, then I am sure that the rep will be more willing to work with you on a payment plan. If you have been... Read more »

3 Answers | Asked in Child Support for New Jersey on
Q: My daughter is away to college in Tampa, mom lives in NY. I live in NJ, still paying child support, can I contest

My daughter just turn 19

Michael Andrew Conte
Michael Andrew Conte
answered on Mar 17, 2022

Typically a child remains unemancipated for support purposes if he/she is a full time college student until age 23. Often child support is recalculated around the time a child lives away at college on campus, as the child support guidelines only apply to children residing at home with a parent.... Read more »

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1 Answer | Asked in Child Support for New Jersey on
Q: My child support and the case is closed but I still have a judgement with a zero balance. My ex wife is deceased.

My child support case is closed but I still have a child support judgement with a zero balance. My ex wife passed away in 2017 but she does not have an administrator of estate so I can’t serve my motion to anyone to get rid of the child support judgement. If I put in a motion with the proof will... Read more »

Bari Weinberger
Bari Weinberger
answered on Mar 16, 2022

Thank you for your question. I am sorry that you are still having issues with child support. File your Motion and at the very beginning of the Certification (the document you file along with your Certification explaining why you are entitled to the relief you seek), explain how there is no party... Read more »

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: Is it possible have Driver's license suspended for child support arrears be restored before arrears are paid in full

On a schedule payment plan since 2009

Richard Diamond
Richard Diamond
answered on Mar 16, 2022

As a result of your arrearage obligation, your driver's license was suspended. If you have been on a specific payment plan for an extended period of time and you are in compliance with your payment obligation (making every payment in a timely fashion with no missed payments), then you can... Read more »

1 Answer | Asked in Child Support for New Jersey on
Q: Can I put in a motion to the court to get a child support judgement removed if my ex wife is deceased no administrator?

I put in a second motion to get the child support judgement removed on a closed child support case. I do not owe any arrears on this case. My first motion was denied because my ex wife is deceased and I was informed to send the paperwork to her administrator of estate. I then did a second motion... Read more »

Richard Diamond
Richard Diamond
answered on Mar 15, 2022

You need to meet with a divorce and family law specialist or presumably, you will continue to go round and round with the legal process since you are not understanding the issues outstanding. There was an order outstanding for the payment of child support against you. That payment was to address... Read more »

2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for New Jersey on
Q: My ex boyfriend has completely blocked me of all communication with my daughter for one year.

I have reached out to him every single weekend for one year in hopes of solving this dispute amicably, but to no avail. He has also ignored all messages and calls from my family as well. There is no court order in place to keep me from seeing her but he is concealing her. He has bow hired his own... Read more »

Bari Weinberger
Bari Weinberger
answered on Mar 4, 2022

Thank you for your question. I’m sorry to hear you’re going through this. You should strongly consider filing an application with court to establish a parenting time schedule. If he has already filed an application for child support, then you should file a parenting time application under... Read more »

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1 Answer | Asked in Child Custody, Child Support and Divorce for New Jersey on
Q: Divorce, i want my kids 3 nights my ex wants me only to have 1 night and 2 after school/ dinners Should i get a lawyer?

Started meditation we agreed on everything except parenting time .. i would like 3 over nights a week , she wants me to only have one overnight on the weekend and 2 afternoon/ nights during the week but kids have to be home for bed time .. i dont no what to do.. i really dont wanna get lawyers... Read more »

Teresa L. Reichek
Teresa L. Reichek
answered on Feb 22, 2022

Thank you for your question. Negotiating divorce terms can be very stressful and you are to be commended for coming to an agreement on all other issues. According to NJ Statute, it is a matter of public policy to assure that minor children have frequent and continuing contact with both parents... Read more »

1 Answer | Asked in Divorce, Child Custody and Child Support for New Jersey on
Q: How often should a client receive statements from divorce attorney? Haven't received 1 statement since hiring 7 mo ago.

Attorney rarely responds to emails, cancels most scheduled calls, she's not responding to opposing counsels emails or calls. At what point can I file a complaint to the NJ Bar?

Richard Diamond
Richard Diamond
answered on Feb 17, 2022

As a general statement, most lawyers send out statements monthly or every other month. I dont know if you retained a lawyer on a flat fee basis or if you paid a retainer with the lawyer working against the retainer, but the easiest way to find out the status of your setting with counsel is to call... Read more »

1 Answer | Asked in Child Support and Divorce for New Jersey on
Q: Do I need to use a lawyer or should I use a lawyer to change my divorce decree?

My husband left me and filed for divorce 8 months later.Our divorce was final in Nov 2018. I hired a lawyer that I could afford who ended up not helping me at all. I ended up being pressured into signing over my home, getting no alimony and barely any child support for 2 children because he gets... Read more »

Richard Diamond
Richard Diamond
answered on Feb 15, 2022

You need to schedule a post-divorce consultation with a divorce law specialist to review the terms of your divorce agreement and your current setting to see if there is a proper basis for reexamination/modification/enforcement of the terms of your agreement. Most divorce lawyers will schedule an... Read more »

1 Answer | Asked in Child Support for New Jersey on
Q: Hi I live in Dominican ReP I had A baby with a citizen of PR and he moved back to PR. How can i file for child support
Leonard R. Boyer
Leonard R. Boyer
answered on Jan 3, 2022

If you live in the DR and the baby's father lives in PR, then you need to contact an attorney in PR. Posting your question in NJ accomplishes nothing.

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