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New Jersey Child Support Questions & Answers
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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1 Answer | Asked in Child Custody, Child Support and Divorce for New Jersey on
Q: I live in NJ and my kids live in TN. The divorce and parenting plan were made in TN. Is it valid if they move out of TN?

My kids and their mom are moving out of TN to Georgia and I currently live in NJ. Is the parenting agreement that was made in TN regarding travel and child support still valid in another state?

Richard Diamond
Richard Diamond answered on Mar 2, 2021

Not a simple question since you are telling me that your ex and the children are planning on moving out of Georgia.

If they were staying in Georgia, under the “Uniform Child Custody Jurisdiction and Enforcement Act” (UCCJEA), Georgia would retains control over your children. But if no...
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2 Answers | Asked in Child Support for New Jersey on
Q: My out of state ex has ignored court order to pay $80k in child support arrears. How can I get Judge to charge a felony

He was Ordered to pay me $80k by November 15th 2020. He ignored Order. He is self employed and a multi millionaire. His arrears are now $100k+ child support garnishes him approximately $3k a month

Richard Diamond
Richard Diamond answered on Feb 24, 2021

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 »

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1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: children are covered through the state by the mother for health. Will the medical support notice be sent to my employer?

We had a mutual agreement she would

Get them covered through state but order states I’m responsible does the child support agency look

Up

If they are covered before they send out notice?

Richard Diamond
Richard Diamond answered on Feb 15, 2021

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 »

3 Answers | Asked in Child Support for New Jersey on
Q: Can I take my ex to court for hacking into my emails and threatening to use them to keep me from filing child support
Paul Ylvisaker
Paul Ylvisaker answered on Jan 4, 2021

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...
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2 Answers | Asked in Child Support for New Jersey on
Q: What are the penalties for custodial child support fraud? Submitting an exhibit for work related child care expenses?

Never sending child to day care while non custodial parent has to pay 50% of cost through child support?

Richard Diamond
Richard Diamond answered on Dec 30, 2020

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 »

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4 Answers | Asked in Child Support and Divorce for New Jersey on
Q: Would I owe child support on a stepchild?

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 »

Leonard R. Boyer
Leonard R. Boyer answered on Dec 26, 2020

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 »

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2 Answers | Asked in Child Support for New Jersey on
Q: I am unemployed , lost income due to Covid-19. I have tried paying child support best I can but I no longer able. Help

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.

Paul Ylvisaker
Paul Ylvisaker answered on Dec 3, 2020

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 »

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2 Answers | Asked in Divorce and Child Support for New Jersey on
Q: Can my ex stop his child support since my boyfriend moved in?

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.

Teresa L. Reichek
Teresa L. Reichek answered on Nov 20, 2020

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 »

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2 Answers | Asked in Child Support and Family Law for New Jersey on
Q: can my nj pension be subject to child support intercept

I wasnt married to the mother of my child and she urged the courts to go after my pension to pay her child support I have been unable to work for at least 3 years

Bari Weinberger
Bari Weinberger answered on Nov 5, 2020

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 »

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2 Answers | Asked in Child Support for New Jersey on
Q: Child Support

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 »

Richard Diamond
Richard Diamond answered on Nov 3, 2020

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 »

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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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