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New Jersey Child Support Questions & Answers
1 Answer | Asked in Child Support for New Jersey on
Q: Hi I live in Dominican ReP I had A baby with a citizen of PR and he moved back to PR. How can i file for child support
Leonard R. Boyer
Leonard R. Boyer answered on Jan 3, 2022

If you live in the DR and the baby's father lives in PR, then you need to contact an attorney in PR. Posting your question in NJ accomplishes nothing.

2 Answers | Asked in Child Support for New Jersey on
Q: In nj i recently made 5 million on stock market and have 2 years of child support left, how would that effect CS, Or not

2 yrs of college left, and I got lucky with stocks, can I keep that away from $ hungry Ex. Or not?

Michael Andrew Conte
Michael Andrew Conte answered on Dec 16, 2021

Child support is the right of the child, not "the money hungry Ex." That said, child support is driven by income, not assets. If the money you made from the stock market were to factor into a child support calculation, a reasonable rate of income derived from the investment of those gains... Read more »

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1 Answer | Asked in Child Support for New Jersey on
Q: I’m 24 and my Dad some how with a friend got out of child support when I was about 3. Is it possible for me to claim?

I was only about 3-4 and he had a friend or family “remove” him. Not sure about the details on that and I was recently told this. Id like to find a way to claim or sue. It’s not fair he found a loopholes and id like to know if I could also sue by him having friends in the inside.

Richard Diamond
Richard Diamond answered on Nov 5, 2021

I think that you have been given incorrect information. Everyday, people file applications with the court system claiming that someone is the father of their child. In response, the court system can require that person to submit to a paternity test to verify that they are the biological parent.... Read more »

1 Answer | Asked in Child Support for New Jersey on
Q: When do child support liens get taken?before board approval?or after board approval?
Richard Diamond
Richard Diamond answered on Oct 25, 2021

Not sure I understand your question but when a child support order is entered by the court and paid through the county probation department, if payments are not made, then periodically, the probation department will seek to have that amount of arrears reduced to judgement and it will show up as a... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: Can I have my daughter's mother arrested for taking her out of NJ? She moved to Colorado 6 weeks and did not tell me.

My daughter was born 8/18/20 soon after I broke up with the mother. We have had a parenting plan for visitation in place, we get her two days a week and every other weekend. A month after her first birthday 9/9 baby's mother took her to Pennsylvania without my permission. Then she said she... Read more »

Bari Weinberger
Bari Weinberger answered on Oct 19, 2021

Thank you for your question. In most cases, a parent must obtain consent or a Court Order to permanently remove a child outside of the State of NJ if NJ is the home state of the child. In the event she left without permission, than you would need to file an action in Court to compel her to return.... Read more »

1 Answer | Asked in Child Support for New Jersey on
Q: How can I transfer my ASUME PR case to where I'm leaving now? I'm currently in Elizabeth New Jersey.

My son's father owes a lot of money to child support. I've been leaving in New Jersey for over 3 years and haven't found how can I transfer my case. Please help. Thank You!

Richard Diamond
Richard Diamond answered on Oct 7, 2021

I am going to presume that you have an existing probation department account elsewhere and your ex was obligated to pay his child support through that account.

Your ex was in arrears on his child support payments and owed you a lot of money.

You then moved to NJ 3 years ago, and...
Read more »

1 Answer | Asked in Child Support for New Jersey on
Q: Married over 30 years. Youngest 2 of 6 children are Freshmen & Sr. in college. Hubby wants divorce but does not

want to pay spousal or child support for the 2 college kids. Now in my mid 50's, I have no income and we cannot afford divorce, as per multiple attorneys from previous consultations. About $100,000 equity in the house, $30,000 in 401K and he has $40,000 in separate personal account from... Read more »

Richard Diamond
Richard Diamond answered on Sep 20, 2021

I dont know if any of the lawyers you met with for consultation purposes were specialists, but presumably during your consultation[s], you discussed your employment history, your husbands current employment setting and your employment potential to determine what your husbands support obligation... Read more »

1 Answer | Asked in Divorce and Child Support for New Jersey on
Q: Can my husband and I get a pro-bono lawyer in Morris Co., NJ for mediation for divorce if it's expected to take more

then 2 hours. When we had the mediation settlement panel thru the court, one of the attorneys was pushing for mediation and said it would probably cost over $5,000 and would take more than a few hours. We don't have alot of money or assets, in fact we were told from the beginning we... Read more »

Richard Diamond
Richard Diamond answered on Sep 14, 2021

I have been a divorce lawyer for the past 36 years and it doesn't sound like the issue is the cost of the mediators involvement. Rather, it sounds like the issue is your husbands bullying and pressure tactics. The bigger problem for you is that mediation is a confidential process. The court... Read more »

2 Answers | Asked in Child Support for New Jersey on
Q: Can I terminate paying child support if my son is 20 yo is in College but has steady earnings workin remotely in NJ?
Richard Diamond
Richard Diamond answered on Sep 9, 2021

I dont know if there is a court order or agreement in place requiring you to pay child support until your son graduates from college or if there is an order requiring you to pay child support through the probation department system, but simply terminating your payments may cause your ex or the... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: I have a 16 yr old granddaughter whom was living with her mother in GA. Her mom kicked her out and sent her to her fathe

To NJ. Granddaughter wants to live with father. Mother refused to send docs to father. As her maternal grandmother can I ask the court for a law guardian for my Granddaughter. Father can't get birth certificate, his name isn't on it. My daughter wants her daughter to live hard. Job corps... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Aug 23, 2021

Thank you for your question. I am so sorry that you and your granddaughter have to go through this stressful time.

The most direct answer is you can file a grandparents rights application and request formal custody of your granddaughter. Then the court can order your daughter to turn over...
Read more »

4 Answers | Asked in Child Support for New Jersey on
Q: In NJ, does child support automatically end when child reaches 18?. Do I have to file motion for it?.

Divorce papers state 18 if not attending school after high school

Michael Andrew Conte
Michael Andrew Conte answered on Jul 16, 2021

If the case is being administrated by the probation department, there is supposed to be issued documents prior to the child's 18th birthday asking the custodial parent for documentation of college enrollment, or other information that would continue child support beyond the child's 18th... Read more »

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1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: My son has a baby, doesnt want a relationship wjth but wants to provide for him. What's the best way to do this
Richard Diamond
Richard Diamond answered on Jul 1, 2021

Legally, even if he doesn't want a relationship with his child, he still has an obligation to provide child support for him, health care assistance and contribution to work related child care. As a general statement, to determine the amount of child support your son should pay, the state of... Read more »

2 Answers | Asked in Child Support and Family Law for New Jersey on
Q: How can I get out of my child support arrears? I was not in the courtroom when the judge made a ruling.

I have a child I take care of separate. I have filed for SSDI

Richard Diamond
Richard Diamond answered on May 7, 2021

Whether you were in the room or not, either your ex or the probation department submitted an application for enforcement and provided the court with the details of your noncompliance with your child support obligation. Upon receipt of that application you were obligated to file a written opposition... Read more »

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1 Answer | Asked in Divorce and Child Support for New Jersey on
Q: NJ college tuition as part of child support

We have an MSA codified when we were in Virginia but divorced in NJ where we both currently live. I’m concerned my ex wife will try to take me to court to use NJ law/precedent to make me pay college tuition after child support ends. 1. Is she likely to win in NJ court even if we have an MSA from... Read more »

Richard Diamond
Richard Diamond answered on May 6, 2021

I dont think my answer will come as a big surprise to you. You need to sit down with an experienced family law attorney to review the terms of your agreement and any court orders entered in your matter ( in Virginia and in New Jersey) to determine how a court would address the issue if presented.

1 Answer | Asked in Child Support for New Jersey on
Q: My son is 23 I am still paying child support for him cause his mom is playing the disabled card

My sone needs a liver but he can do everything on his own he can walk fine feed himself go to gym even plays video games and goes to the mall alone and has had jobs his mother uses him as a meal ticket I do owe back support I got behind cause I can’t offord it I pay less for my teen girls... Read more »

Richard Diamond
Richard Diamond answered on Apr 29, 2021

Under the law in New Jersey, a child is presumed emancipated at age18 / graduation from high school. If the child goes on to college / trade school following his graduation from high school, emancipation can be deferred but not past age 23, except if he is disabled, but the definition of disability... Read more »

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: In the state of New Jersey I pay child support but can’t offord it

I can offord the payment but I send something every week and I don’t have a job cause of covid but I do pay money to child support every week I have court soon and I’m not sure why

Teresa L. Reichek
Teresa L. Reichek answered on Apr 23, 2021

Thank you for your question. The court calculates child support based on a number of factors. To have that amount adjusted you need to prove a permanent change in circumstances. Unemployment is generally not considered permanent. You are likely being summoned to a court appearance for an... Read more »

1 Answer | Asked in Child Support for New Jersey on
Q: whi is it im paying child support for an adult whos mom clames he is disabled when he can do everything for himself

my child is 23 i pay child support for him his mother says he is dis abled when i have pictures that he gose to the gym is able to walk himself and feed and use the bathroom on his own but yet i still pay child support for him

Richard Diamond
Richard Diamond answered on Apr 22, 2021

Good question. Maybe its time to see a divorce lawyer to discuss the filing of an application with the court for termination of your child support obligation? Under the law, there is a specific definition of disabled applicable to a termination of child support matter. If presented properly, the... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: Why did I receive a letter from child support when I didn't apply?

I recently received a letter from Child Support giving me a user id and a temporary pin. I am the custodial parent and I didn't request child support. I am the sole person financially responsible for my dependent.

I recently was served with papers regarding custody/visitation. Could... Read more »

Richard Diamond
Richard Diamond answered on Apr 22, 2021

Yes. Please also make sure that you file your response to the custody / parenting time request promptly if you object to the custody or parenting time sought by your ex. You cannot simply walk into court and tell the court your objection. Under the court rules, you must file a specific written... Read more »

2 Answers | Asked in Child Support for New Jersey on
Q: Is there a formula to determine child support in NJ when the children are living at college for part of the year?

I currently collect child support for 2 children aged 17 & 20. Both plan to attend college in the fall and live on campus. I've been divorced from their father for 12 years. For the first 6 years I had a court order which a received mostly alimony and child support. When the alimony... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Apr 20, 2021

Thank you for your question. Situations like yours can be confusing. There is not a specific formula when children are residents at college. We use what is called the Jacoby analysis. It is named after a case involving this issue. It is based on actual costs and expenses for the child in question.... Read more »

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2 Answers | Asked in Family Law and Child Support for New Jersey on
Q: Looking to prepare a response to motion for enforcement of litigants rights.

Looking for any advice and insight on response to motion: any advice on content, format, links to helpful sites, etc.

Richard Diamond
Richard Diamond answered on Mar 15, 2021

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 »

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