Lawyers, Answer Questions  & Get Points Log In

New Jersey Child Support Questions & Answers

2 Answers | Asked in Divorce, Family Law and Child Support for New Jersey on

Q: What can I do if I'm paying child support and cannot afford living arrangements for myself

living homeless And getting a second job results in payment being separated between both jobs and my ex wife is undergoing cancer treatment and has not been employed

Brian Winters answered on Jun 7, 2019

Maybe the child support is not commensurate with the child support guidelines. You should consult with an attorney to find out.

View More Answers

2 Answers | Asked in Child Custody and Child Support for New Jersey on

Q: If mother has no custody but visits the child once a month can I file for child support ?

Andrew M Shaw answered on Jun 6, 2019

Absolutely. Under the 2010 Appellate Division case of Colca v. Anson, "parents are expected to support their children until they are emancipated, regardless of whether the children live with one, both, or neither parent." Notably, child support does not belong to either parent. Under the 2002... Read more »

View More Answers

1 Answer | Asked in Child Support for New Jersey on

Q: In the state of NJ, can a parent be put on child support again if they were taken off over 10 years ago.

The custodial parent wants to retroactive child support after being off child support for 10 years.

Noel Rivers answered on Apr 29, 2019

Following a divorce, courts retain jurisdiction to decide matters concerning children, such as child support. If you are being brought to court over child support payments, you should consult with a family law attorney for more detailed information. Each case is unique and you will have a much... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for New Jersey on

Q: Ex wife filing for child support after years since finalized divorce. Can she get back child support?

It’s been over 4 years since divorce finalized. We agreed to certain amount per month. Shes now filing for child support and wants it starting from divorce date. Would I have to pay?

Brian Winters answered on Apr 24, 2019

No, there’s anti-retroactivity statute

1 Answer | Asked in Child Support for New Jersey on

Q: I am looking to file for child support. Im unsure of what I should be requesting money for besides daycare...

Noel Rivers answered on Apr 22, 2019

Child support is calculated using a specific worksheet which takes into account each parent's weekly earnings, the cost of the child's health insurance and who pays for it, and the cost of the child's daycare and who pays for it. The amount of child support is calculated by this worksheet. The... Read more »

1 Answer | Asked in Child Support for New Jersey on

Q: My ex was paying child support directly to me, but is now sending reduced payment. How can I enforce full payment?

Noel Rivers answered on Apr 15, 2019

You can file a motion to enforce litigant's rights. It will bring the matter before a judge. If you are successful, you can have the court make him pay the back child support amount owed to you. Any experienced family law attorney would be happy to assist you in this.

1 Answer | Asked in Child Support for New Jersey on

Q: I'm 16 and I have a court date for child support can I go alone or do I have to take my parents with me?

Noel Rivers answered on Apr 15, 2019

If the court date is for your own child's support, you do not need to bring your parents with you. However, you are able to bring your parents if you want to. I would also urge you to hire an attorney to protect your interests, if at all possible.

1 Answer | Asked in Child Support for New Jersey on

Q: I have been ordered by a NJ superior Court family judge to continue child support passed my child’s 23rd birthday

And to add insult to injury she stated that this payment will be collected through NJ Probation. I’m completed flabbergasted because everything I’m reading in the law shows support and collection ends at the age of 23 yrs old.

Leonard R. Boyer answered on Mar 22, 2019

Although no one can give you precise answers to your question, without knowing all the facts, there are numerous circumstances when child support would not stop at age 23. I have personally been involved in several of these type of cases, and there is significant case law, which will allow that. Do... Read more »

1 Answer | Asked in Child Support for New Jersey on

Q: Can my child support be terminated if I receive SSI in NJ

Leonard R. Boyer answered on Mar 18, 2019

No, that is not a basis to terminate child support, but it could be a basis to lower your child support obligations.

1 Answer | Asked in Divorce and Child Support for New Jersey on

Q: Hello. I’ve received a motion from my ex husband to lower child support and I need to know how to respond

Andrew John Economos answered on Feb 28, 2019

If you are able, I would first suggest that you contact an experienced family law attorney to assist you. I have seen it too many times where a litigant attempts to go it alone and receives an unsatisfactory outcome, only then to seek out the assistance of counsel. By that point, it is often too... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for New Jersey on

Q: Hi, I need consultation, can I get child support and legal custody agreement

we both are undocumented alien

we don't have legal agreement about child support just verbal agreement,but his father not fallow verbal agreements.

we don't have agreement about child support.

most of the time my son live with me (5 days /week with me ,2 days/week with his... Read more »

Santo Artusa Jr. answered on Feb 28, 2019

Yes you can have an agreement. However, you should go through the proper court channels to easily enforce the agreement despite your legal status.

Sincerely,

Santo V. Artusa.

Artusa Law Firm.

2 Answers | Asked in Family Law, Child Support and Small Claims for New Jersey on

Q: The father of my children and I have lived together for 17 years. The house is in his name.

I have been a stay at home mother for going on 10 years. He financially took care of me and the children for those years. We are not married and Nj doesn’t aknowledge common law marriage. I put my inheritance into the down payment for the home. I took care of his mother, the multi family home,... Read more »

Leonard R. Boyer answered on Feb 22, 2019

This case is going to be very complex and it could get very expensive fairly fast. You need to retain experienced mortgage foreclosure defense and matrimonial counsel. Only a mortgage foreclosure and matrimonial attorney has the expertise to prevent you from having more problems than you can... Read more »

View More Answers

1 Answer | Asked in Family Law and Child Support for New Jersey on

Q: I work 24 hours per week at 11.75. The judge added 16 hours to my income at 8.50 stating I have to be employed fulltime.

Is this legal? Because now it shows almost double what I'm making and my child support was cut in half.

Leonard R. Boyer answered on Feb 9, 2019

Yes, it is legal for a Judge to impute income at minimum wage or higher to someone who is not working full-time, unless there is a legitimate justification for the person not working full time. For example, some one who has to spend time taking care of a "special need" child. You may qualify for NJ... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for New Jersey on

Q: Are most judges willing to approve changing a childs last name if the father is absent from their life

Also with a lawyers help is there anything that can be done to collect back child support? Bench warrants keep getting issued and he then gets out with no jail time or without paying any money to me. Over $20,000 is owed in back child support in just over 2 years.

Leonard R. Boyer answered on Jan 30, 2019

Every situation is different and your case like all the others is fact sensitive. Trying to represent yourself in Court is a bad idea. Not only are you emotionally involved, but you are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to... Read more »

2 Answers | Asked in Divorce, Family Law, Child Support and Juvenile Law for New Jersey on

Q: my ex and I were Married and had our daughter in New Jersey . Transferred to Florida when she was 18 mon old . Got

Divored in Florida. My daughter and I moved back to NJ . Her Child support ends at 18 and it doesn’t mention helping pay for collage . Florida law says they don’t have to help wirh collage But Jersey law says they do . How do I get it changed so he is required to help with collage

Arnab Kumar Banerjee answered on Jan 29, 2019

two states have different child support laws. as for child support i presume the following : your child's support started in new jersey and then when you moved to Florida then you end child support in new jersey and started child support in Florida. then when you come back to new jersey again then... Read more »

View More Answers

1 Answer | Asked in Child Support for New Jersey on

Q: Hi. I’m a male who lives in New Jersey and I am paying health benefits to my child through my employment.

My child’s mother is threatening to put me on child support even though we had an agreement that I pay $500 a month (which I think is fair) outside of the courts. I want to know if I put myself on child support can I choose an amount that I pay or is that up to the courts?

Bari Weinberger answered on Jan 10, 2019

Thank you for your question. Child support is governed by the New Jersey Child Support Guidelines. I suggest that you schedule an appointment with a family law attorney to discuss options and potential obligations. There are many variables that go into the calculations.

1 Answer | Asked in Child Support for New Jersey on

Q: I was levy for child support. Whil i was in prison. Can i get my money back

Sry my bank account was levy

Bari Weinberger answered on Jan 4, 2019

Thank you for your question. If you received a levy for child support while you were in prison, it appears that you already had an active child support obligation that was not paid. If you had the obligation to pay child support and the levy was on your accounts or assets you held then it was... Read more »

1 Answer | Asked in Child Support for New Jersey on

Q: So my boyfriend is currently paying child support for about a couple of months. Now the mother of his son

Is willing to withdraw the child support order and for them to make their own arrangement. This is in NJ. Is that possible to remove the child support? Also can she go beck in the future and put him back on child support?

Leonard R. Boyer answered on Dec 21, 2018

That will require a Court Order, but it is not likely to happen. It will depend a great deal on which Judge is deciding the matter. You need to retain an experienced NJ matrimonial attorney to handle this matter.

1 Answer | Asked in Child Support for New Jersey on

Q: I now have children 100% of time. who can help get child support changed?

Everyone lives in Florida. The child 18, the mother and myself. I remarried her and we are going thru another divorce.

The child has no communication with the mother since June 2018, and has lived fulltime (100%) with me since 2016. He will not emancipate until he is 21 because he is in... Read more »

Leonard R. Boyer answered on Dec 19, 2018

Paralegals are not licensed to practice law in NJ, so you do not want to be an accomplice to aiding and abetting someone in the unauthorized practice of law. Using a bargain basement attorney on a complex case like this will really mess things up badily and they would not have the skills or... 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.