So.... your ex has filed an application with the court for enforcement of a prior court order or agreement on an issue involving custody, parenting time, alimony, child support and or related expense items for children, support arrears, college selection or the college costs, or with regard to the...Read more »
The family part judge is not going to criminally charge your ex with a felony for nonpayment of support but a family part judge does have a host of other tools available to him to address your ex's noncompliance with his support obligation and arrearage obligation. My suggestion is that you...Read more »
If you and your ex had an agreement as to coverage for the children but the order entered by the judge hearing the child support issue entered an order requiring you to provide health insurance coverage for the children, then you need to file an application with the court immediately to correct...Read more »
Im not sure what would be in your emails that would be related to sweking child support, but yes you can take him to court for both. You have the criminal and civil actions for breaking into and threatening to disseminate your personal information.
Every parent owes a duty of child support...Read more »
I gather your former spouse filed an application with the court claiming that she had a child care expense of XX per month and asked that in the child support guidelines analysis used by the court, that it include an obligation for you to pay your share of that child care cost and now you have...Read more »
My Japanese girlfriend is pregnant with our child and we would like to marry. She has a 4 year old son from a prior marriage who lives in Japan with his father; I have never had any contact with this child. She has been mum about whether her son will return at some point and wants me to focus on... Read more »
Unless you adopt the lady's other child, you would have no child support obligation to her for that child. From what you have expressed and the way you have expressed it, you need to retain an experienced NY matrimonial attorney and do not get married prior to having a signed pre-nuptial...Read more »
I need help to submit a modification request in New New Jersey. I live out of state. My kids are both In college and not at home. I was hoping the situation and pandemic would turn around for I have no ability to maintain those payments.
I recommend you go to the child support services office of the state whee the children live and open a case to request modification of your child support. Most agencies have online/telephonic services to some extent that can assist you with application process. Your biggest challenge will the...Read more »
We have joint custody of three children. I am the parent of primary residence. He pays me $400 a month for three children in child support. My boyfriend moved in and now my ex wants to stop his child support payments.
Every situation is unique and has many factors. I can tell you that cohabitation is a reason to stop alimony payments, but not child support. Those are still his children and he still shares responsibility for their needs. That being said, you should consult with an experienced family law...Read more »
Thank you for your question. Pensions are governed by the federal law, specifically the ERISA statute, but state courts in New Jersey have held that a pension may be garnished to pay child support. There may be more than one court order needed for the plan administrator of the pension to do so....Read more »
My wife has been paying child support for over a decade and was recently contacted by her son who is now an adult. The child has not been living with the father, but with the grandparents. We also suspect that the father is using her child support to pay for his child support for a child he had... Read more »
The starting point for this discussion is the relationship between your wife and her ex in laws.
If her son lives with the ex in laws, then she can speak with them about having her child support payments directed to them instead of in favor of her ex. Presumably, your ex and his parents...Read more »
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 »
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 »
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
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.