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New Jersey Child Support Questions & Answers
3 Answers | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: I am in NJ. My ex doesn’t pay child support. If a lawyer filed a motion, can my ex Counter with request for more custody

I’ve been in contact with the state probation department about twice a month and he’s failed to give accurate employment and resident/contact information. He also didn’t come to our first hearing about enforcement via telephone but apparently

Nothing can really be done with Covid to... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on May 13, 2022

You need to retain an experienced matrimonial attorney to represent your interests. Just because your ex-may file a motion does not mean that he will get what he is seeking. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.

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1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for New Jersey on
Q: Mother has sole legal and residential custody. Child is autistic. Father does not take to any appointments, doesn’t

Help when he’s on school break, won’t communicate because “the new girlfriend doesn’t like it”, won’t check on the child’s well being, and the child comes home very hungry and once with a deep scratch on the pelvic area. the mothers boyfriend/father to mothers other child takes off... Read more »

Richard Diamond
Richard Diamond answered on May 9, 2022

This is a trick question. Your ex pays 90.00 per week in child support voluntarily but has little to no involvement in your child's life. Your current boyfriend is caring and involved in your child's life and wants to continue to be involved. Your ex is not stopping your boyfriend from... Read more »

1 Answer | Asked in Divorce, Family Law and Child Support for New Jersey on
Q: Would paying CS based on Appendix IX-A & paying for memberships ordered in an MSA constitute a burden to the payor?

Parties entered into an MSA based on 50/50 custody. Plaintiff argued for child support and primary parent rights two years later based upon significant changes and won. Court ordered child support be paid under NJ state guidelines. Plaintiff now wants to enforce MSA that states defendant should... Read more »

Richard Diamond
Richard Diamond answered on May 2, 2022

Ordinary extracurricular activities are covered in the child support guidelines but if your child's participation in a sports program is an "extraordinary" type of reoccurring expense, it can be addressed separately.

So, the 1st question is whether you agreed to share in...
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1 Answer | Asked in Child Support for New Jersey on
Q: Will child support take all my money they froze my account. Is it to late to set up a payment arrangement
Richard Diamond
Richard Diamond answered on Apr 14, 2022

The short answer is - it depends. If you have been in regular contact with your probation department rep about your fiancial setting and responsive to his / her calls about your employment setting, then I am sure that the rep will be more willing to work with you on a payment plan. If you have been... Read more »

3 Answers | Asked in Child Support for New Jersey on
Q: My daughter is away to college in Tampa, mom lives in NY. I live in NJ, still paying child support, can I contest

My daughter just turn 19

Michael Andrew Conte
Michael Andrew Conte answered on Mar 17, 2022

Typically a child remains unemancipated for support purposes if he/she is a full time college student until age 23. Often child support is recalculated around the time a child lives away at college on campus, as the child support guidelines only apply to children residing at home with a parent.... Read more »

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1 Answer | Asked in Child Support for New Jersey on
Q: My child support and the case is closed but I still have a judgement with a zero balance. My ex wife is deceased.

My child support case is closed but I still have a child support judgement with a zero balance. My ex wife passed away in 2017 but she does not have an administrator of estate so I can’t serve my motion to anyone to get rid of the child support judgement. If I put in a motion with the proof will... Read more »

Bari Weinberger
Bari Weinberger answered on Mar 16, 2022

Thank you for your question. I am sorry that you are still having issues with child support. File your Motion and at the very beginning of the Certification (the document you file along with your Certification explaining why you are entitled to the relief you seek), explain how there is no party... Read more »

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: Is it possible have Driver's license suspended for child support arrears be restored before arrears are paid in full

On a schedule payment plan since 2009

Richard Diamond
Richard Diamond answered on Mar 16, 2022

As a result of your arrearage obligation, your driver's license was suspended. If you have been on a specific payment plan for an extended period of time and you are in compliance with your payment obligation (making every payment in a timely fashion with no missed payments), then you can... Read more »

1 Answer | Asked in Child Support for New Jersey on
Q: Can I put in a motion to the court to get a child support judgement removed if my ex wife is deceased no administrator?

I put in a second motion to get the child support judgement removed on a closed child support case. I do not owe any arrears on this case. My first motion was denied because my ex wife is deceased and I was informed to send the paperwork to her administrator of estate. I then did a second motion... Read more »

Richard Diamond
Richard Diamond answered on Mar 15, 2022

You need to meet with a divorce and family law specialist or presumably, you will continue to go round and round with the legal process since you are not understanding the issues outstanding. There was an order outstanding for the payment of child support against you. That payment was to address... Read more »

2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for New Jersey on
Q: My ex boyfriend has completely blocked me of all communication with my daughter for one year.

I have reached out to him every single weekend for one year in hopes of solving this dispute amicably, but to no avail. He has also ignored all messages and calls from my family as well. There is no court order in place to keep me from seeing her but he is concealing her. He has bow hired his own... Read more »

Bari Weinberger
Bari Weinberger answered on Mar 4, 2022

Thank you for your question. I’m sorry to hear you’re going through this. You should strongly consider filing an application with court to establish a parenting time schedule. If he has already filed an application for child support, then you should file a parenting time application under... Read more »

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1 Answer | Asked in Child Custody, Child Support and Divorce for New Jersey on
Q: Divorce, i want my kids 3 nights my ex wants me only to have 1 night and 2 after school/ dinners Should i get a lawyer?

Started meditation we agreed on everything except parenting time .. i would like 3 over nights a week , she wants me to only have one overnight on the weekend and 2 afternoon/ nights during the week but kids have to be home for bed time .. i dont no what to do.. i really dont wanna get lawyers... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Feb 22, 2022

Thank you for your question. Negotiating divorce terms can be very stressful and you are to be commended for coming to an agreement on all other issues. According to NJ Statute, it is a matter of public policy to assure that minor children have frequent and continuing contact with both parents... Read more »

1 Answer | Asked in Divorce, Child Custody and Child Support for New Jersey on
Q: How often should a client receive statements from divorce attorney? Haven't received 1 statement since hiring 7 mo ago.

Attorney rarely responds to emails, cancels most scheduled calls, she's not responding to opposing counsels emails or calls. At what point can I file a complaint to the NJ Bar?

Richard Diamond
Richard Diamond answered on Feb 17, 2022

As a general statement, most lawyers send out statements monthly or every other month. I dont know if you retained a lawyer on a flat fee basis or if you paid a retainer with the lawyer working against the retainer, but the easiest way to find out the status of your setting with counsel is to call... Read more »

1 Answer | Asked in Child Support and Divorce for New Jersey on
Q: Do I need to use a lawyer or should I use a lawyer to change my divorce decree?

My husband left me and filed for divorce 8 months later.Our divorce was final in Nov 2018. I hired a lawyer that I could afford who ended up not helping me at all. I ended up being pressured into signing over my home, getting no alimony and barely any child support for 2 children because he gets... Read more »

Richard Diamond
Richard Diamond answered on Feb 15, 2022

You need to schedule a post-divorce consultation with a divorce law specialist to review the terms of your divorce agreement and your current setting to see if there is a proper basis for reexamination/modification/enforcement of the terms of your agreement. Most divorce lawyers will schedule an... Read more »

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...
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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 »

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