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The father took a paternity test. We have never lived together. His mother says that their family can help out in various ways--transportation, childcare, and so on. Does it make sense to see how that goes? Will it still be possible to file for child support later if this goodwill arrangement... View More 
answered on Jun 3, 2024
The father says that he is willing to support his child. Presuming he is being honest, why would you then file an application with the court to potentially get the same amount that he is offering without court intervention?
If anything, hire a lawyer to know what you are entitled to... View More
The father took a paternity test. We have never lived together. His mother says that their family can help out in various ways--transportation, childcare, and so on. Does it make sense to see how that goes? Will it still be possible to file for child support later if this goodwill arrangement... View More
answered on Jun 13, 2024
Thank you for your question. Assuming that the father's paternity test was positive, you always have the right to seek child support from him for the benefit of the child, whether now or a few years from now. However, the longer that you go with accepting the goodwill of him and his family,... View More
The father took a paternity test. We have never lived together. His mother says that their family can help out in various ways--transportation, childcare, and so on. Does it make sense to see how that goes? Will it still be possible to file for child support later if this goodwill arrangement... View More
answered on Jun 3, 2024
Child support in New Jersey is considered the right of the child, meaning that it cannot be waived by either parent. Parents can file for child support at any age, so even if they agree not to seek support for the time being, they can still file later. However, child support will normally be... View More
He pays me directly, he modified child support when my oldest son graduated college, without contacting me, and without filing a motion. Also, I have never received any cost-of-living adjustment over the last nine years.
answered on Jun 1, 2024
Generally speaking, a party seeking to modify child support based on changed circumstances (like one child graduating from college) should file a petition in Court requesting to change or terminate support. While it may be that your child would be considered emancipated, the proper course is to... View More
He pays me directly, he modified child support when my oldest son graduated college, without contacting me, and without filing a motion. Also, I have never received any cost-of-living adjustment over the last nine years.
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answered on Jun 1, 2024
You should realize by now unless the Court Order's your ex-husband to pay what he is supposed to, he is going to do whatever he wants. You need to retain an experienced matrimonial attorney who will charge you for about 1/2 to 1 hour of attorney time to review all the relevant documents and... View More
He pays me directly, he modified child support when my oldest son graduated college, without contacting me, and without filing a motion. Also, I have never received any cost-of-living adjustment over the last nine years.
answered on Jun 1, 2024
If your son graduated from college, isnt it safe to say that he is emancipated under the law? I presume your settlement agreement imposed a support obligation on your former husband until your son graduated from college. Typically, a payor would reach out to the other spouse in advance of the... View More
My spouse closed his bank accounts overseas and failing to disclose all of his assets and personal businesses. We’ve subpoenaed the bank but no response. Thus his discovery was very vague and empty. Is there a way to force this information to come to light? I will add that my judge is not helpful... View More
answered on Apr 29, 2024
It sounds like you have a lawyer representing you and your lawyer is attempting to get documents for accounts you believe existed at some point in the past. If you have documentary proof of the existence of those accounts, give those documents to your lawyer so that your lawyer can ask the court to... View More
He took half of my teachers pension in our divorce. His wages are already garnished. He is currently 20k behind with still 5 more years of child support to pay. When it comes to retirement at 55 (I am currently 45) and he still owes child support- will my pension still go to him or will it be... View More
answered on Apr 20, 2024
Start with the presumption that his share of the pension will not be garnished. If there are arrears outstanding from his child support obligation, you need to file an application with the court and ask the court to enter an order imposing a garnishment on his share of your pension for repayment... View More
He took half of my teachers pension in our divorce. His wages are already garnished. He is currently 20k behind with still 5 more years of child support to pay. When it comes to retirement at 55 (I am currently 45) and he still owes child support- will my pension still go to him or will it be... View More
answered on May 9, 2024
Thank you for your question. I am sorry that your ex is behind in child support. Yes, in most circumstances, private pensions (but not social security) can be garnished. However, it is not “automatic.” You will likely need to make an application to the Court to establish the garnishment. I... View More
My son turned 19 last June 2023. He is not going to college and working full time and I noticed my Child support amount has been the same for the last 9 months. When i inquired with Child Support they told me I have an "unallocated " support order which I was unaware of . I have a second... View More
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answered on Mar 31, 2024
You need to retain an experienced matrimonial attorney to have your son declared emancipated and seek a reallocation Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on... View More
My son turned 19 last June 2023. He is not going to college and working full time and I noticed my Child support amount has been the same for the last 9 months. When i inquired with Child Support they told me I have an "unallocated " support order which I was unaware of . I have a second... View More
answered on Apr 5, 2024
Thank you for your question.
Typically, child support in New Jersey concludes once the child reaches the age of 19 or is otherwise legally emancipated. However, under certain circumstances, child support can be extended past the age of 19 up until the age of 23. One such circumstance is if... View More
It happened in 2022 and since then a series of events happened including domestic violence on me (the mother by the father). I need to know what actions can I take against the father and his girl friend. My daughter is in High School and she is always traumatized that the woman may harm her
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answered on Mar 31, 2024
You need to retain an experienced matrimonial attorney who has extensive domestic violence trial experience. The attorney will help you to obtain a Temporary Restraining Order (TRO) against both the father and his girlfriend. Criminal charges against both may also be possible, but that will require... View More
My husband left and served me divorce papers in Oct. 2021- my was 16 at the time and now 18 and in college - I have not received any child support or aid for my daughters college - my lawyer claims to file a motion but court said they never received - I am suffering financially because of the... View More
answered on Mar 22, 2024
My suggestion is that you need to schedule a consultation with another divorce lawyer. I dont know what occurred between you and your current lawyer but obviously there is an issue. If you want, write to the lawyer and ask him if he can schedule 10 minutes to update you on the current status of... View More
Married 8 yrs living together 16. 2 kids 9 & 11 yrs old. The house is only under my husbands name but was bought right after my youngest son was born but before we got married, he doesn’t work(hasn’t for a few yrs) I pay the mortgage (I give him the money cash) and also pay bills thru my... View More
answered on Mar 12, 2024
Abandonment or desertion is a fault-based ground for divorce in New Jersey. It is defined by statute (N.J.S.A. 2A:34-2) as "willful and continued desertion" for a term of 12 months or longer. One way to establish abandonment as a fault-based ground for divorce is by providing proof that... View More
I became pregnant at 17 and made my dad aware. He told me that if I kept the baby, I would be out of the house but if I got rid of the baby, I could stay. I decided to keep the baby but asked if I could stay at least until I finished school and he continued to say that if I kept the baby, I would... View More
answered on Jan 28, 2024
You need to meet with a social service worker from the county where you lived while living with your dad to find out what resources are available to you for healthcare, schooling, housing, etc to be able to finish school and for the baby's benefit. I would also talk with the father of your... View More
I have joint custody of the children, but my adversary hasn't consulted me on any decisions since our divorce.
Without my input, she chose an expensive out-of-state school for our son. Recently, she filed a motion seeking me to cover all college and additional expenses. Do I stand a... View More
answered on Jan 24, 2024
You NEED to meet with an experienced divorce lawyer and have him prepare your opposition paperwork and your cross application addressing your ex's failure / refusal to cooperate with your rights as a joint legal parent under the terms of your agreement. Simply walking into court and thinking... View More
I have joint custody of the children, but my adversary hasn't consulted me on any decisions since our divorce.
Without my input, she chose an expensive out-of-state school for our son. Recently, she filed a motion seeking me to cover all college and additional expenses. Do I stand a... View More
answered on Feb 6, 2024
Thank you for your question. I am sorry to hear you are going through this stressful time. In a situation like the one you describe, contesting such an issue is certainly possible but succeeding in same depends on a getting more parenting time could be possible, however this would be based upon a... View More
The court order does not specify that I am required to cover insurance premiums or extracurricular activities for the children. However, the court transcript indicates that the judge mentioned I need to bear these expenses. The other party has now filed a motion asking me to pay the bills. Is this... View More
answered on Jan 24, 2024
If the transcript of the court proceeding contains specific items that the judge told you to take care of, but it appears that he forgot to include those items in his order, presume that he will take the position that the transcript controls and then he will correct his order to reflect those... View More
I'm currently 17 years old and I recently told my father I was pregnant. He's pushing abortion pretty hard but that's not my choice. The father of the baby is very involved and is currently 18. My father has given me an ultimatum: if I don't abort the baby, I'm to not be in... View More
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answered on Jan 10, 2024
In your situation, it's important to understand that parental rights and responsibilities primarily rest with the biological parents of the child, not the grandparents. Once your baby is born, you and your boyfriend, as the biological parents, are the primary individuals responsible for the... View More
Under my own name as PPR, claiming both kids qualifies them for cost-free Medicaid. By claiming my daughter on her taxes, my ex gets one deduction but potentially disqualifies my daughter from being covered under my Medicaid. If that happens, who becomes responsible for the new healthcare costs... View More
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answered on Jan 1, 2024
The facts you stated do not support the results that you mentioned. You really need to retain an experienced matrimonial attorney to determine exactly what the situation is. Any custody or other issues should be resolved in a Court Order. Be prepared to pay a matrimonial attorney a consultation fee... View More
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