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New Jersey Child Support Questions & Answers
2 Answers | Asked in Child Custody and Child Support for New Jersey on
Q: Does New Jersey grant a non-custodial parent to vacate child support, visitation and custody?

My sons father has intermittent parenting time with his son due to his own accord. We have a court order for every other weekend Friday to Sunday but he has missed two months of visitation this year so far and last year he did not have overnight visitations for a year. He does not have stable... Read more »

Richard Diamond
Richard Diamond answered on Oct 21, 2020

DO NOT WAIT ANY FURTHER! Contact the court immediately ( responding to whomever sent you the notification) telling them that you have not received any of his paperwork and therefore cannot respond to his claims. Send a copy of that submission to the probation officer in charge of your account and... Read more »

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1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: Hi,i do live here in new jersey.my question is my wife wants to move out our home.is it ok to bring my son.

We havent filed a divorce but she wants to bring my son to her no place that i dont even know where is it.Can i able to tell her not to bring my son until she filed a divorce at custody of our son?thanks

Richard Diamond
Richard Diamond answered on Oct 20, 2020

Schedule a consultation with a certified matrimonial ( divorce) trial lawyer before you agree to anything. This is too important an issue to simply agree upon without understanding the legal significance of your actions. Too often, we family law specialists hear stories about someone getting bad... Read more »

1 Answer | Asked in Child Support for New Jersey on
Q: How to get proof that in 1998 I finish pay my child support?
Richard Diamond
Richard Diamond answered on Oct 17, 2020

I am not sure why you need proof today as to the emancipation of your child in 1998 ( 22 years ago), but the easiest way would be for your ex to sign a letter acknowledging that you paid your child support properly and that your obligation ended in 1998 and that there were no child support arrears... Read more »

2 Answers | Asked in Child Support and Family Law for New Jersey on
Q: In NJ, when parents were never married, does the non custodial father have to pay for college in addition to CS?

Child was estranged and the father had no input on college decisions. Father also can't afford to contribute to college on top of the child support he is already paying. Couple was never married and have no agreement about college.

Richard Diamond
Richard Diamond answered on Oct 6, 2020

Whether married or not, the obligations owed to a child remain the same ..... but the starting point in this discussion is the language of your agreement or court order for child support & parenting time. Presumably, your agreement / court order provided you and your ex with a joint legal... Read more »

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2 Answers | Asked in Child Support for New Jersey on
Q: I have arrears my son was living with me since 2007 child support didn't stop until he turned 18

It didn't stop until 2009 I have a warrant now and I don't think I owe this money HELP ME PLEASE! THANK YOU

Teresa L. Reichek
Teresa L. Reichek answered on Sep 15, 2020

Thank you for your question. I'm sure that is a very stressful situation. You should immediately contact the probation department and make sure they know that your son is over 18. If you are on amicable terms with the other parent you should also ask him or her to contact probation and suspend... Read more »

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2 Answers | Asked in Child Support for New Jersey on
Q: If the ex wife inherits money does that change income ratio to determine change if child Support obligation ?
Richard Diamond
Richard Diamond answered on Sep 10, 2020

Potentially yes. The NJ case is Miller v Miller, which stands for the proposition that a family court judge is authorized to impute income to an immune asset ( inheritance) for child support calculation purposes. Hypothetically, your ex received an inheritance of 500,000. The court can impute an... Read more »

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1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: In NJ am I allowed to change my childs last name after a certain point after birth?
Richard Diamond
Richard Diamond answered on Sep 8, 2020

There is case law in NJ addressing a custodial parents plan to change a child's last name - translated, its not that simple if your ex is opposed to it. My suggestion is that you meet with a family law attorney to learn what is permissible and what will result in litigation between you and... Read more »

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: I live in florida my kids were born here my ex took the kids to new jersey applied for food stamps and medicaid then

Left the state and moved without any notice i have not seen or talked to my two boys in almost 10 years i need to get a reduction on my support order how do i do that

Teresa L. Reichek
Teresa L. Reichek answered on Sep 3, 2020

Thank you for your question. That sounds very frustrating. You need to consult an experienced family law attorney in the state where your child support order originates. If it is a NJ order then seek counsel in NJ. Also, consider that if you are still paying child support then your ex is receiving... Read more »

2 Answers | Asked in Child Support for New Jersey on
Q: Does NJ Initiate a court hearing for unpaid child support, or does the plaintive half to do it?

My mother and father have been divorced for many years, my father (parent to pay C S) recently received a letter from the State of New Jersey stating he needs to appear in court regarding unpaid child support. Is that something my mother (parent receiving C S) would have had to file or would the... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Sep 2, 2020

Thank you for your question. It could have been either one. The probation department might have commenced an enforcement proceeding if your father is in arrears on his support. It is also possible that your mother filed an enforcement motion because your father is in arrears and she wants that... Read more »

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1 Answer | Asked in Child Support for New Jersey on
Q: Child Support in NJ ended when my daughter turned 19 this year. Can Mom get a new Child Support order in Massachusetts?

Hi, Mom and daughter moved from NJ to Massachusetts 2 years ago but I continued paying child support in NJ. NJ order ended when she turned 19. Now the mom has submitted a new order in Massachusetts. Is she eligible for more child support? I am paying for college and offered to help, but she... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Sep 1, 2020

It is unlikely that Massachusetts would enter a new support order as most states do not compel support after the age of 18. That being said, I am not licensed in Massachusetts. You would need to speak to an attorney licensed in that jurisdiction for a complete analysis.

2 Answers | Asked in Child Support for New Jersey on
Q: if my kids mother dropped child support because i signed paper stating she can move to florida with my son and she

threatens to open another child support can i request she be made bring my son back to nj

Richard Diamond
Richard Diamond answered on Jul 29, 2020

The only thing that you can say to a New Jersey Family Court Judge now is that the reason why she agreed to waive child support from you is because you and she discussed the cost of travel for you to travel to Florida to see your son and the cost of your son coming to New Jersey to visit you.... Read more »

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1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: Im on child support but my child mother has abandoned her son ain’t seen him since June 7 haven’t called or reached Out

It’s not the first time it’s happened she did it back in 2019 I lost job I pay child support my son in daycare from 8 to 530 and I take him the weekends every week when I got off on Friday she wanted to take a overnight job and she wanted me to keep my son sun until thrusday and still pay... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Jul 29, 2020

Thank you for your question. This situation must be very stressful for you. The short answer is that you need to file a motion to modify the prior order to give you custody and adjust child support accordingly. That being said, your case has a lot of moving parts, so you should consult with an... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: My son is 13 and I want a dna test. I live in New York and they live in New Jersey. I don’t remember signing the birth

I’m not sure he’s mines and I’ve been paying way too much over the years I’m in arrears

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 27, 2020

I do not practice NJ law and this should be posted in the NJ section unless the order of support is a NY order. If the order is a NY order, you cannot ask for a DNA test as there is already an order and you were found to be the father. Even if there was no order, the fact that you have identified... Read more »

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2 Answers | Asked in Child Support for New Jersey on
Q: ex wife remarries and has 3 more kids apart mine and and never reports her remarriage is that legal

She has never worked a day in her life and her new husband has increased her household income

Teresa L. Reichek
Teresa L. Reichek answered on Jul 26, 2020

If you are asking if she allowed to get remarried, the answer is yes. If you are asking if she should still continue to receive alimony, the answer is no. There are several things to consider in your situation.

In order to approach it in a way that is most likely to be successful for you,...
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2 Answers | Asked in Child Support for New Jersey on
Q: I currently have a child support order not based on guidelines. Can support be stopped for college students?

Support is being paid for 3 children, ages 20, 18 and 16. Two in college and one in high school. Ex wants to discontinue support. Can he do so?

Bari Weinberger
Bari Weinberger answered on Jul 21, 2020

Thank you for your question. I am sorry to having a problem with the ex with regards to college and child support. As long as the child is in college, a child is not emancipated and, as such, the non-custodial parent (X) has to pay child support. However, he may be entitled to a reduction of child... Read more »

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1 Answer | Asked in Child Support and Family Law for New Jersey on
Q: If my minor child were to have his own child, am I still required to pay child support?
Richard Diamond
Richard Diamond answered on Jul 20, 2020

Believe it or not, there are cases where a child gives birth to a child and the court system still views that child as un-emancipated and in need of support from her parents. As an example, if your daughter got pregnant and is in the 11th grade and her plan is to continue with her educational... Read more »

2 Answers | Asked in Child Support for New Jersey on
Q: I owe child support in NY, can I open/start a security company in NJ (I now reside in NJ)?
Richard Diamond
Richard Diamond answered on Jul 16, 2020

From a practical standpoint, wouldnt it be easier to simply pay off whatever you owe in outstanding child support and then apply for a licence in NJ for the security operation? What if you begin the operation and then find that NY has filed an application for suspension of your licensing for... Read more »

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1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: Can my 18 year old be emancipated if she is 100% dependent on me?

The NCP filed an application to emancipate based on her college credits. She was full time in the fall and part time in the spring because of a switch in schools. She is taking summer classes and is registered for the fall as a full time student. The judge emancipated her solely on her college... Read more »

Richard Diamond
Richard Diamond answered on Jul 13, 2020

Im sorry to say, but this is a perfect example of a setting where you should have hired a family law specialist to represent you instead of representing yourself or hiring a general practice lawyer. On its face, it appears that your daughter may not have been emancipated or that the court should... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for New Jersey on
Q: How long do the terms of divorce decree remain in affect.

Now that our son is 18 and in college am I (custodial parent) still bound by the joint legal guidelines of our divorce decree? Do I still have to communicate with non-custodial and provide info on healthcare, school, etc. as I did in the past when he was in high school? Our only form of... Read more »

Richard Diamond
Richard Diamond answered on Jul 10, 2020

Your request focused on whether you still need to provide information to your ex about your son ( who you say is now in college). Under a joint legal custodial plan setting ( without reading your agreement) presumably requires communication about major decisions affecting your son's health... Read more »

2 Answers | Asked in Child Support and Family Law for New Jersey on
Q: My ex-husband emailed me stating he will give half of the amount of child support, how should I do?

When we divorced 11 years ago, he agreed to give 1000/month child support. Since my daughter is 13 and she has some extra expenses on her cello private lesson and advanced classes, I emailed him to ask if it is possible that he can help with some money, which he never did, or if I can claim my... Read more »

Richard Diamond
Richard Diamond answered on Jul 1, 2020

The fact that your ex-spouse has remarried and now has a step daughter does not give him the right to refuse to pay the amount of child support required by the terms of a NJ court order or as required by a divorce agreement entered as part of your divorce. My suggestion is to meet with a family law... Read more »

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