Thank you for your question. Child support in New Jersey is calculated pursuant to the NJ Child Support Guidelines. If your oldest will be emancipated in May, they will recalculate the child support pursuant to the guidelines based on your remaining two children. It is not necessarily a third,...Read more »
Apparently my daughter has registered to college fulltime. I dont understand how she is paying for college when she is undocumented. Based on her migratory status and age should I still be paying child support and for how long? When I have spoken to my daughter she tells me her mother refuses to... Read more »
Thank you for your inquiry. It sounds like you’re dealing with a difficult situation. Generally speaking, legal documentation has little to do with the payment of child support and the law calls for child support to be paid until a child is “emancipated.” The Court often requires child...Read more »
You may want to consider contacting one of the bar associations in New Jersey (such as the Mercer County Bar Association). Depending on your specific circumstances, that organization may be able to connect you to a lawyer who offers discounted legal services.
Thank you for your question. If a court order is based upon erroneous evidence, you can file a motion for reconsideration within 20 days after the order was received. If the 20 day time period has expired, depending upon the situation, you may still be able to file a motion with the court. I...Read more »
Prior to October 2019 I was paying my ex directly, by court order but from me to him electronically so there is proof, we did not have a case established with the probation department. On October 25, 2019 the court order increased slightly and was not processed by the county office until December... Read more »
Thank you for your question. In order to change the records regarding your relationship to the child, name and employer, you will need to speak with the case worker directly. As to the amount owed, you should provide proof of payment of child support so the child support department can adjust the...Read more »
I got married 10 years ago, we split shortly after, but have not been divorced yet. She's had a hand full of kids over the years, all not biologically not mine (proven in court with DNA tests). Apparently she had defrauded social services and now I am forced to pay back her debt for the benefits... Read more »
Thank you for your question. Unfortunately, what you have described is a rather complex issue and without seeing the court orders that are in existence with respect to termination of parental rights and the benefits with the Division of Child Protection and Permanency, it is impossible for us to...Read more »
Thank you for your question. The answer would depend on a number of things. Is this your ex-husband, or a current husband? Was there already a child support order in place prior to your son turning 18? In New Jersey, if there was a child support order, the support automatically terminates at...Read more »
Thank you for your question. The NJ child support statute states that an obligation to pay child support shall terminate when a child reaches the age of 23. In certain circumstances, such as when a child is disabled or still in school, financial maintenance may be sought, though it is not...Read more »
Good morning. Both of my kids (now adults) have opted to move out of their mother's and move in with me. Oldest (now 21) moved out just before turning 19, and now lives on her own. Youngest (now 18) just moved in with me and still attends HS. I have not done anything legally yet. I don't know... Read more »
Thank you for your question. Custodial changes can occur and be handled in a few different ways, but generally, a change in residential custody of a child, and of child support obligations, should be handled by written agreement and/or court order, depending upon the circumstances. It appears...Read more »
SO the boy was having a bad time with the step mother. His biological mothe risn't in the picture she threw him and his Dad out when he was 3 months old. Her grandmother pays support to keep her out of jail as she refuses to pay. I don't want to sue my son as he has rare genetic cancers and lupus,... Read more »
Thank you for your question. Raising your teenage grandson while your adult son also has medical issues is a lot to handle at once. However, it’s not likely you will be able to have support paid directly to you and eliminate your son’s involvement without going to court. You will need a...Read more »
You daughter is not emancipated, so since she is apparently a full time student, you must continue to pay child support. The costs for your daughter goes up not down. There is no basis for not paying child support.
Thank you for your question; I am sorry you had to pay child support for a child that is not yours. The answer is “Yes” you can. However, the application has to be made in the procedurally correct manner, with proof as to the child not being yours. The mother needs to be served. I strongly...Read more »
I am trying to figure out what type of custody this is(60/40, 70/30, 50/50) and if I qualify for child support. I have my son over night Sunday-Friday.. and his father has him over night, only Saturday, and I pick him before 5 on Sunday evening. He also has him during the day Monday from 4-9 and... Read more »
Thank you for your question. Child support and parenting time can be confusing for a lot of people. It does not matter how you describe your parenting time situation. In New Jersey the percentage of time is determined by the overnights the child spends at each home. If the child spends more...Read more »
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 »
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
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 »
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 »
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 »
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