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New Jersey Child Support Questions & Answers
2 Answers | Asked in Child Support for New Jersey on
Q: if my kids mother dropped child support because i signed paper stating she can move to florida with my son and she

threatens to open another child support can i request she be made bring my son back to nj

Richard Diamond
Richard Diamond answered on Jul 29, 2020

The only thing that you can say to a New Jersey Family Court Judge now is that the reason why she agreed to waive child support from you is because you and she discussed the cost of travel for you to travel to Florida to see your son and the cost of your son coming to New Jersey to visit you.... Read more »

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1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: Im on child support but my child mother has abandoned her son ain’t seen him since June 7 haven’t called or reached Out

It’s not the first time it’s happened she did it back in 2019 I lost job I pay child support my son in daycare from 8 to 530 and I take him the weekends every week when I got off on Friday she wanted to take a overnight job and she wanted me to keep my son sun until thrusday and still pay... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Jul 29, 2020

Thank you for your question. This situation must be very stressful for you. The short answer is that you need to file a motion to modify the prior order to give you custody and adjust child support accordingly. That being said, your case has a lot of moving parts, so you should consult with an... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: My son is 13 and I want a dna test. I live in New York and they live in New Jersey. I don’t remember signing the birth

I’m not sure he’s mines and I’ve been paying way too much over the years I’m in arrears

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 27, 2020

I do not practice NJ law and this should be posted in the NJ section unless the order of support is a NY order. If the order is a NY order, you cannot ask for a DNA test as there is already an order and you were found to be the father. Even if there was no order, the fact that you have identified... Read more »

2 Answers | Asked in Child Support for New Jersey on
Q: ex wife remarries and has 3 more kids apart mine and and never reports her remarriage is that legal

She has never worked a day in her life and her new husband has increased her household income

Teresa L. Reichek
Teresa L. Reichek answered on Jul 26, 2020

If you are asking if she allowed to get remarried, the answer is yes. If you are asking if she should still continue to receive alimony, the answer is no. There are several things to consider in your situation.

In order to approach it in a way that is most likely to be successful for you,...
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2 Answers | Asked in Child Support for New Jersey on
Q: I currently have a child support order not based on guidelines. Can support be stopped for college students?

Support is being paid for 3 children, ages 20, 18 and 16. Two in college and one in high school. Ex wants to discontinue support. Can he do so?

Bari Weinberger
Bari Weinberger answered on Jul 21, 2020

Thank you for your question. I am sorry to having a problem with the ex with regards to college and child support. As long as the child is in college, a child is not emancipated and, as such, the non-custodial parent (X) has to pay child support. However, he may be entitled to a reduction of child... Read more »

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1 Answer | Asked in Child Support and Family Law for New Jersey on
Q: If my minor child were to have his own child, am I still required to pay child support?
Richard Diamond
Richard Diamond answered on Jul 20, 2020

Believe it or not, there are cases where a child gives birth to a child and the court system still views that child as un-emancipated and in need of support from her parents. As an example, if your daughter got pregnant and is in the 11th grade and her plan is to continue with her educational... Read more »

2 Answers | Asked in Child Support for New Jersey on
Q: I owe child support in NY, can I open/start a security company in NJ (I now reside in NJ)?
Richard Diamond
Richard Diamond answered on Jul 16, 2020

From a practical standpoint, wouldnt it be easier to simply pay off whatever you owe in outstanding child support and then apply for a licence in NJ for the security operation? What if you begin the operation and then find that NY has filed an application for suspension of your licensing for... Read more »

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1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: Can my 18 year old be emancipated if she is 100% dependent on me?

The NCP filed an application to emancipate based on her college credits. She was full time in the fall and part time in the spring because of a switch in schools. She is taking summer classes and is registered for the fall as a full time student. The judge emancipated her solely on her college... Read more »

Richard Diamond
Richard Diamond answered on Jul 13, 2020

Im sorry to say, but this is a perfect example of a setting where you should have hired a family law specialist to represent you instead of representing yourself or hiring a general practice lawyer. On its face, it appears that your daughter may not have been emancipated or that the court should... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for New Jersey on
Q: How long do the terms of divorce decree remain in affect.

Now that our son is 18 and in college am I (custodial parent) still bound by the joint legal guidelines of our divorce decree? Do I still have to communicate with non-custodial and provide info on healthcare, school, etc. as I did in the past when he was in high school? Our only form of... Read more »

Richard Diamond
Richard Diamond answered on Jul 10, 2020

Your request focused on whether you still need to provide information to your ex about your son ( who you say is now in college). Under a joint legal custodial plan setting ( without reading your agreement) presumably requires communication about major decisions affecting your son's health... Read more »

2 Answers | Asked in Child Support and Family Law for New Jersey on
Q: My ex-husband emailed me stating he will give half of the amount of child support, how should I do?

When we divorced 11 years ago, he agreed to give 1000/month child support. Since my daughter is 13 and she has some extra expenses on her cello private lesson and advanced classes, I emailed him to ask if it is possible that he can help with some money, which he never did, or if I can claim my... Read more »

Richard Diamond
Richard Diamond answered on Jul 1, 2020

The fact that your ex-spouse has remarried and now has a step daughter does not give him the right to refuse to pay the amount of child support required by the terms of a NJ court order or as required by a divorce agreement entered as part of your divorce. My suggestion is to meet with a family law... Read more »

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1 Answer | Asked in Child Support for New Jersey on
Q: I am 18 and i’m going to have a baby. My ex is 17, almost 18. Will he have to pay child support?
Richard Diamond
Richard Diamond answered on Jun 29, 2020

I dont know your employment / income setting nor the employment / income setting of your ex but if you and he are typical 17 & 18 year olds, neither of you has much money nor the ability to support a baby properly. As a result, if needed, there are a number of federal and state government... Read more »

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: Can you file this while a person is incarcerated?
Leonard R. Boyer
Leonard R. Boyer answered on Jun 24, 2020

Can you file what? For child support? Yes, but do not expect to get anything.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for New Jersey on
Q: I’m looking for a lawyer to represent me in Burlington County New Jersey for a custody/divorce MSA.

Can a judge order a show of cause restricting Interstate visitation citing imminent or irreparable harm because of covid-19?

Richard Diamond
Richard Diamond answered on Jun 24, 2020

Given the current pandemic rules in place, the family court system is handling motion practice, case management and some forms of trials through Zoom videoconferencing, so the cost of the retention of counsel is easier since we dont have to drive back and forth to Burlington County.

Our...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for New Jersey on
Q: Can I file for visitation and custody arrangements before a divorce has started?

I am currently on child support in NY state and my estranged spouse and I both reside in NJ state. We have been living apart for 5 years and I am currently being denied physical access to my 11 year old child.

Richard Diamond
Richard Diamond answered on Jun 19, 2020

The short answer is that you can file an FD complaint for visitation and have a family part judge enter an order for parenting time. But if you and she have been apart for 5 years, maybe its time to file the divorce action and then the application for parenting time as part of the divorce.

1 Answer | Asked in Child Support for New Jersey on
Q: My ex husband died and he owed me almost 47,000 in back child support. His sister took his life insurance policy and now

There is a wrongful death suit against the landlord. I’ve been trying to get a hold of Hudson county probation but you can’t get through. Every one I talked to from the court etc said I have to file a motion!!! I have the motion from the ombudsman and it’s crazy!!! Help, please

Richard Diamond
Richard Diamond answered on Jun 17, 2020

You need to hire a competent family law specialist to handle this issue. Everyone has been giving you correct advice. You need to file an application ( motion) with the family court that issued the order for the payment of child support asking for the imposition of a lien on the proceeds of the... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for New Jersey on
Q: I am looking for a lawyer who specialize in family law. I need to get a divorce from my husband. I have 3 children

I reside in East Orange, NY

I own a 2 family house with my husband

Richard Diamond
Richard Diamond answered on Jun 12, 2020

My practice and my firm specialize in divorce and family law matters in north & central NJ and I am a certified divorce & family law trial lawyer by the NJ Supreme Court and an accredited family law mediator and arbitrator. If you would like to schedule a consultation with me or my partner... Read more »

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: Hudson county nj. My ex husband owed me 38,000 in back child support, he died last August.

There is a lawsuit about his death and it's being settled now, the lawyer said if he had outstanding debt that would be paid first. How can I get my 38,000 back, it's debt right? How do I get the money when the courts are closed

Richard Diamond
Richard Diamond answered on Jun 4, 2020

Our court system is not closed and you need to take prompt action to ensure that your claim is not ignored. If anything, you want to make sure that the lawyer involved in the case, knows that you have an outstanding judgement for 38,000 for back child support. You also want to make sure that the... Read more »

2 Answers | Asked in Child Support for New Jersey on
Q: My ex filed for child support 5 months ago but haven’t got a court date or any actions taken yet will I owe Those months
Richard Diamond
Richard Diamond answered on May 26, 2020

When your ex filed her application for child support, did you call the court to find out which judge the application was assigned to and when was the return date? Sitting back and waiting for an order from the court is the worst way to handle this issue. To begin with, the court will view the... Read more »

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1 Answer | Asked in Child Support, Divorce and Family Law for New Jersey on
Q: Continuation of Child Support request for child who is transferring from Community College to College - Procedure?

My daughter has always been an A student, her GPA has always been high and is 3.9 right now; she is part of the Honors Program/Phi Theta Kapha and she has been included in the deans list several times; she works really hard; my ex-husband is informed and we have worked on this together. He knows I... Read more »

Richard Diamond
Richard Diamond answered on May 5, 2020

You need to sit down with your former husband immediately to discuss your daughter going on to a 4 year school, since the issue will be whether she will live at home while attending college or whether she will be living at school while attending college. Those are 2 very different scenarios and... Read more »

2 Answers | Asked in Child Support for New Jersey on
Q: My ex husband had stopped paying child support and giving the rent money for 3 weeks now due to covid-19. What can i do?

He has his own company but no work coming in. He usually pays our rent and divides the amount weekly. Im unemployed waiting on unemployment, i have no income whatsoever, and we have 4 children, they all live with me.

Richard Diamond
Richard Diamond answered on Apr 28, 2020

Your setting is terrible and im truly sorry for how this pandemic has destroyed your family's financial setting. Before resorting to the court system for relief, can you reach out to your former husband and ask him to sit down with you ( on the phone or otherwise) to figure out how to work... Read more »

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