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New Jersey Child Support Questions & Answers
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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1 Answer | Asked in Child Support for New Jersey on
Q: I am 18 and i’m going to have a baby. My ex is 17, almost 18. Will he have to pay child support?
Richard Diamond
Richard Diamond answered on Jun 29, 2020

I dont know your employment / income setting nor the employment / income setting of your ex but if you and he are typical 17 & 18 year olds, neither of you has much money nor the ability to support a baby properly. As a result, if needed, there are a number of federal and state government... Read more »

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: Can you file this while a person is incarcerated?
Leonard R. Boyer
Leonard R. Boyer answered on Jun 24, 2020

Can you file what? For child support? Yes, but do not expect to get anything.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for New Jersey on
Q: I’m looking for a lawyer to represent me in Burlington County New Jersey for a custody/divorce MSA.

Can a judge order a show of cause restricting Interstate visitation citing imminent or irreparable harm because of covid-19?

Richard Diamond
Richard Diamond answered on Jun 24, 2020

Given the current pandemic rules in place, the family court system is handling motion practice, case management and some forms of trials through Zoom videoconferencing, so the cost of the retention of counsel is easier since we dont have to drive back and forth to Burlington County.

Our...
Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for New Jersey on
Q: Can I file for visitation and custody arrangements before a divorce has started?

I am currently on child support in NY state and my estranged spouse and I both reside in NJ state. We have been living apart for 5 years and I am currently being denied physical access to my 11 year old child.

Richard Diamond
Richard Diamond answered on Jun 19, 2020

The short answer is that you can file an FD complaint for visitation and have a family part judge enter an order for parenting time. But if you and she have been apart for 5 years, maybe its time to file the divorce action and then the application for parenting time as part of the divorce.

1 Answer | Asked in Child Support for New Jersey on
Q: My ex husband died and he owed me almost 47,000 in back child support. His sister took his life insurance policy and now

There is a wrongful death suit against the landlord. I’ve been trying to get a hold of Hudson county probation but you can’t get through. Every one I talked to from the court etc said I have to file a motion!!! I have the motion from the ombudsman and it’s crazy!!! Help, please

Richard Diamond
Richard Diamond answered on Jun 17, 2020

You need to hire a competent family law specialist to handle this issue. Everyone has been giving you correct advice. You need to file an application ( motion) with the family court that issued the order for the payment of child support asking for the imposition of a lien on the proceeds of the... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for New Jersey on
Q: I am looking for a lawyer who specialize in family law. I need to get a divorce from my husband. I have 3 children

I reside in East Orange, NY

I own a 2 family house with my husband

Richard Diamond
Richard Diamond answered on Jun 12, 2020

My practice and my firm specialize in divorce and family law matters in north & central NJ and I am a certified divorce & family law trial lawyer by the NJ Supreme Court and an accredited family law mediator and arbitrator. If you would like to schedule a consultation with me or my partner... Read more »

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: Hudson county nj. My ex husband owed me 38,000 in back child support, he died last August.

There is a lawsuit about his death and it's being settled now, the lawyer said if he had outstanding debt that would be paid first. How can I get my 38,000 back, it's debt right? How do I get the money when the courts are closed

Richard Diamond
Richard Diamond answered on Jun 4, 2020

Our court system is not closed and you need to take prompt action to ensure that your claim is not ignored. If anything, you want to make sure that the lawyer involved in the case, knows that you have an outstanding judgement for 38,000 for back child support. You also want to make sure that the... Read more »

2 Answers | Asked in Child Support for New Jersey on
Q: My ex filed for child support 5 months ago but haven’t got a court date or any actions taken yet will I owe Those months
Richard Diamond
Richard Diamond answered on May 26, 2020

When your ex filed her application for child support, did you call the court to find out which judge the application was assigned to and when was the return date? Sitting back and waiting for an order from the court is the worst way to handle this issue. To begin with, the court will view the... Read more »

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1 Answer | Asked in Child Support, Divorce and Family Law for New Jersey on
Q: Continuation of Child Support request for child who is transferring from Community College to College - Procedure?

My daughter has always been an A student, her GPA has always been high and is 3.9 right now; she is part of the Honors Program/Phi Theta Kapha and she has been included in the deans list several times; she works really hard; my ex-husband is informed and we have worked on this together. He knows I... Read more »

Richard Diamond
Richard Diamond answered on May 5, 2020

You need to sit down with your former husband immediately to discuss your daughter going on to a 4 year school, since the issue will be whether she will live at home while attending college or whether she will be living at school while attending college. Those are 2 very different scenarios and... Read more »

2 Answers | Asked in Child Support for New Jersey on
Q: My ex husband had stopped paying child support and giving the rent money for 3 weeks now due to covid-19. What can i do?

He has his own company but no work coming in. He usually pays our rent and divides the amount weekly. Im unemployed waiting on unemployment, i have no income whatsoever, and we have 4 children, they all live with me.

Richard Diamond
Richard Diamond answered on Apr 28, 2020

Your setting is terrible and im truly sorry for how this pandemic has destroyed your family's financial setting. Before resorting to the court system for relief, can you reach out to your former husband and ask him to sit down with you ( on the phone or otherwise) to figure out how to work... Read more »

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3 Answers | Asked in Child Support for New Jersey on
Q: How do I oppose and/or what form do I file in NJ to oppose modification in child support?

My ex hired an attorney who filed a request for a decrease in child support stating that my ex lost his job on 3/20. My ex is co founder of his multi million dollar company based out of NYC and has 7 offices around the world and is lying that he lost his job. My CS goes through probation and is... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Apr 27, 2020

Thank you for your question. I am sorry that you are dealing with such a frustrating situation. If the opposing party filed for modification then it is in your best interests to file a response and potentially a cross application.

That being said, there is a lot to know before filing...
Read more »

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2 Answers | Asked in Child Support for New Jersey on
Q: My husband is all paid up with his child support. His child turned 21 in September of 2019. Still being garnished.

His child always received money through his SSD. When she turned 18, the ex went to asume to request child support as disability stopped. She never spoke to him or gave him a chance to set something up. He then ended up owing arrears only because it took months before the decision of how much he... Read more »

Richard Diamond
Richard Diamond answered on Apr 24, 2020

Im not sure that you can handle this issue without the assistance of a family law attorney. There is nothing complicated about the issue but it seems as if you and your husband are banging your heads against the wall, not being able to constructively communicate with the probation department system... Read more »

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1 Answer | Asked in Child Support for New Jersey on
Q: the father of my children owes 6,000 in child support and works in O.K. state, asume has sent letters but nothing hapens

The father of my 2 kids has an order with asume for $200 a month which he has never paid, he is up to 6,000 now and is registered working legally in oklahoma, which also means he has been reporting in his taxes that he works. Asume has sent numerous letter to the payroll dept to get direct deposit... Read more »

Richard Diamond
Richard Diamond answered on Apr 21, 2020

Lets start with the basics. You have an order out of a state family court for the payment of child support, requiring the father of your children to pay 200.00 per week. I dont know if that order was entered out of a family court in NJ or elsewhere, but presuming you live in NJ, you have the right... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for New Jersey on
Q: How to continue child support for child who will transfer from Community College to College?

My daughter finishes community college next month; she will finish her Associates Degree course and will try to finish the last two years after she transfer to a four year college; My daughter has always been a A student, her GPA has always been high and is 3.9 right now; she is part of the... Read more »

Richard Diamond
Richard Diamond answered on Apr 17, 2020

You are mixing apples with pineapples so hopefully we can sort out a few items in this discussion. The law in NJ presumes that a child is emancipated upon graduation from high school BUT if a child goes on to college, 99.9999975% of the family law judges in this state are of the opinion that... Read more »

1 Answer | Asked in Child Support for New Jersey on
Q: Is an executor required to do a child support search in another state for a beneficiary who resides in another state ?

Estate beneficiaries reside in Ohio

Not in NJ Does executor have to search the Ohio records and pay an Ohio child support judgment ?

Richard Diamond
Richard Diamond answered on Apr 14, 2020

I am a divorce & family law specialist and not an estate lawyer, so this question probably is better answered by an estate specialist, especially since you may not like my answer. To begin with, a child support "judgement" entered by the probation department system is supposed to have... Read more »

2 Answers | Asked in Child Support for New Jersey on
Q: I have 3 children that I pay chid support for. The oldest will be emancipated as of may. how much less will I pay?

do I deduct a third form the total amount?

Bari Weinberger
Bari Weinberger answered on Mar 27, 2020

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 »

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1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: My daughter is 19 years old and undocumented as well as her mother. Mother is asking for more extention.

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 »

Bari Weinberger
Bari Weinberger answered on Feb 26, 2020

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 »

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