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New Jersey Child Support Questions & Answers
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 »

2 Answers | Asked in Child Support, Divorce and Family Law for New Jersey on
Q: Looking for a divorce lawyer I am a stay at home mom with 3 kids and am looki g for a lawyer that offers pro bono servic
Sara B Cohen
Sara B Cohen answered on Feb 23, 2020

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.

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1 Answer | Asked in Child Support for New Jersey on
Q: The child support increased because my ex wife claimed fake evidence about payments she made for our son. what can I do?
Bari Weinberger
Bari Weinberger answered on Feb 18, 2020

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 »

1 Answer | Asked in Child Support for New Jersey on
Q: NJ Child Support Enforcement- Middlesex County

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 »

Bari Weinberger
Bari Weinberger answered on Feb 7, 2020

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 »

1 Answer | Asked in Child Support for New Jersey on
Q: Why am I still paying this?

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 »

Bari Weinberger
Bari Weinberger answered on Feb 3, 2020

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 »

2 Answers | Asked in Child Support for New Jersey on
Q: Nj son is 18 years old, my husband says he no longer supports him. Can he?
Bari Weinberger
Bari Weinberger answered on Jan 31, 2020

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 »

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2 Answers | Asked in Child Support for New Jersey on
Q: Child Support originated in NJ, but child has lived in PA most of his/her life. What age does Child Support stop?
Leonard R. Boyer
Leonard R. Boyer answered on Jan 24, 2020

This question needs to be reposted in PA, since that is the child's home state now.

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1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: Hi. I am in NJ and I am about to turn 23. I read that the laws changed

And that child support ends when you are 23. Does this still apply if I’m in still in school or does it end at age 23 now no matter what?

Bari Weinberger
Bari Weinberger answered on Jan 2, 2020

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 »

1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: How do custodial changes in circumstances get handled in NJ? My kids have moved from their Mom's to me.

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 »

Bari Weinberger
Bari Weinberger answered on Dec 4, 2019

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 »

1 Answer | Asked in Child Support for New Jersey on
Q: My son had custody of my teenaged grandson. He gave him to us to raise. How do I get the support payment

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 »

Bari Weinberger
Bari Weinberger answered on Dec 2, 2019

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 »

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: My Older daughter is 18 years old and She is enrolled in out of state University. I am already paying 50% of the costs

including tuition fees, food, housing etc. Am I still supposed to continue paying monthly child support payments to the mother on the top of the Above payments I mentioned?

Leonard R. Boyer
Leonard R. Boyer answered on Nov 27, 2019

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.

2 Answers | Asked in Child Support for New Jersey on
Q: Can I get money back from child support after I find out the child's not mine ?
Bari Weinberger
Bari Weinberger answered on Nov 26, 2019

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 »

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1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: i Have my son 6 Overnights a week, and 4 days. His father has him 1 overnight and 3 days. What type of custody is this?

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 »

Teresa L. Reichek
Teresa L. Reichek answered on Nov 4, 2019

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 »

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: Am I supposed to pay for my kids school lunches during their dads week?

My ex husband and I have shared legal and physical custody. I do get child support But it’s based on shared custody. One week with mom and the other week with dad.

Leonard R. Boyer
Leonard R. Boyer answered on Oct 30, 2019

Each parent should pay on their own week. But the amount is extremely unlikely to be worth fighting over.

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: What does moving party checked in and left court w/o asking for an adjustment. Matter is dismissed LOP w/o prejudice?

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 »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 20, 2019

That is probably what happened. Since the case was dismissed without prejudice, it can be refiled.

1 Answer | Asked in Child Custody, Child Support and Divorce for New Jersey on
Q: My husband has been unemployed for 6 years. I filed for divorce and he is in default. Now suddenly he has a good job. I

I already sent in equitable distribution papers asking for things at a lower level . Can I change the papers

Leonard R. Boyer
Leonard R. Boyer answered on Oct 16, 2019

Although you can amend the document, you really need to retain an experienced matrimonial attorney. You are emotionally involved, do not know the rules of court, case law and many more factors.

1 Answer | Asked in Child Support for New Jersey on
Q: my ex husband filed a motion to stop paying child support bc my daughter moved in with him but stays with me on weekend

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

Leonard R. Boyer
Leonard R. Boyer answered on Oct 12, 2019

Yes, with a motion based on changed circumstances, your child support will be reduced. The main thing is that your daughter's college education is being paid.

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for New Jersey on
Q: What form or forms should I be completing to respond to a motion filed by my ex-husband? I do not agree with his motion

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 »

Bari Weinberger
Bari Weinberger answered on Oct 7, 2019

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 »

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1 Answer | Asked in Consumer Law and Child Support for New Jersey on
Q: What can I do about my bank account being levied even though I pay my child support plus extra to cover the past due.

I get garnished. If they levy my account I’ll be homeless in a months time I barely make enough money to survive as it is

Leonard R. Boyer
Leonard R. Boyer answered on Sep 17, 2019

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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