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New Jersey Child Support Questions & Answers

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 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 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 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 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 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 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 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 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 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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2 Answers | Asked in Child Custody, Child Support and Family Law for New Jersey on

Q: My boyfriend has a son but the mother has custody of him. He pays child support but he also has backed up child support.

How can we go about getting full custody.

Teresa L. Reichek answered on Jun 20, 2019

You should hire an experienced family law attorney to file an application for a change in custody and child support. He will still owe the child support arrears, but if the Judge grants him physical custody then she will owe him child support and it will start to even out his arrears. There are... Read more »

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2 Answers | Asked in Divorce, Family Law and Child Support for New Jersey on

Q: What can I do if I'm paying child support and cannot afford living arrangements for myself

living homeless And getting a second job results in payment being separated between both jobs and my ex wife is undergoing cancer treatment and has not been employed

Brian Winters answered on Jun 7, 2019

Maybe the child support is not commensurate with the child support guidelines. You should consult with an attorney to find out.

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2 Answers | Asked in Child Custody and Child Support for New Jersey on

Q: If mother has no custody but visits the child once a month can I file for child support ?

Andrew M Shaw answered on Jun 6, 2019

Absolutely. Under the 2010 Appellate Division case of Colca v. Anson, "parents are expected to support their children until they are emancipated, regardless of whether the children live with one, both, or neither parent." Notably, child support does not belong to either parent. Under the 2002... Read more »

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1 Answer | Asked in Child Support for New Jersey on

Q: In the state of NJ, can a parent be put on child support again if they were taken off over 10 years ago.

The custodial parent wants to retroactive child support after being off child support for 10 years.

Noel Rivers answered on Apr 29, 2019

Following a divorce, courts retain jurisdiction to decide matters concerning children, such as child support. If you are being brought to court over child support payments, you should consult with a family law attorney for more detailed information. Each case is unique and you will have a much... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for New Jersey on

Q: Ex wife filing for child support after years since finalized divorce. Can she get back child support?

It’s been over 4 years since divorce finalized. We agreed to certain amount per month. Shes now filing for child support and wants it starting from divorce date. Would I have to pay?

Brian Winters answered on Apr 24, 2019

No, there’s anti-retroactivity statute

1 Answer | Asked in Child Support for New Jersey on

Q: I am looking to file for child support. Im unsure of what I should be requesting money for besides daycare...

Noel Rivers answered on Apr 22, 2019

Child support is calculated using a specific worksheet which takes into account each parent's weekly earnings, the cost of the child's health insurance and who pays for it, and the cost of the child's daycare and who pays for it. The amount of child support is calculated by this worksheet. The... Read more »

1 Answer | Asked in Child Support for New Jersey on

Q: My ex was paying child support directly to me, but is now sending reduced payment. How can I enforce full payment?

Noel Rivers answered on Apr 15, 2019

You can file a motion to enforce litigant's rights. It will bring the matter before a judge. If you are successful, you can have the court make him pay the back child support amount owed to you. Any experienced family law attorney would be happy to assist you in this.

1 Answer | Asked in Child Support for New Jersey on

Q: I'm 16 and I have a court date for child support can I go alone or do I have to take my parents with me?

Noel Rivers answered on Apr 15, 2019

If the court date is for your own child's support, you do not need to bring your parents with you. However, you are able to bring your parents if you want to. I would also urge you to hire an attorney to protect your interests, if at all possible.

1 Answer | Asked in Child Support for New Jersey on

Q: I have been ordered by a NJ superior Court family judge to continue child support passed my child’s 23rd birthday

And to add insult to injury she stated that this payment will be collected through NJ Probation. I’m completed flabbergasted because everything I’m reading in the law shows support and collection ends at the age of 23 yrs old.

Leonard R. Boyer answered on Mar 22, 2019

Although no one can give you precise answers to your question, without knowing all the facts, there are numerous circumstances when child support would not stop at age 23. I have personally been involved in several of these type of cases, and there is significant case law, which will allow that. Do... Read more »

1 Answer | Asked in Child Support for New Jersey on

Q: Can my child support be terminated if I receive SSI in NJ

Leonard R. Boyer answered on Mar 18, 2019

No, that is not a basis to terminate child support, but it could be a basis to lower your child support obligations.

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