Get free answers to your Child Support legal questions from lawyers in your area.
In kayahan vs kayahan the father was allowed to pay the arrears directly to his son. that's what i would like to do. The mother and him aren't talking and he is willing to be on my side in court. I would also like to file to have the last year of arrears removed from the file since he was... View More 
answered on Dec 28, 2023
Your understanding of the decision in Kayahan is wrong. In that matter, the court said:
When an unemancipated child is over eighteen (18) years old, a court, may permit the non-custodial parent to pay part of his current child support obligation directly to the child.
You are not... View More
.
answered on Dec 28, 2023
The answer is yes if your former spouse signs a letter in favor of the probation department confirming the date of your child's graduation from college and an acknowledgment that child support terminates upon that date. If your former spouse refuses/fails to sign same, how would the probation... View More
A request for an adjournment. And gave accepted it for a new court date. Meanwhile I was there and the hearing took place and the ruling was made. She completely changed her decision with no basis except for the other party saying I used to have a trade that paid well. I don't... View More
answered on Nov 27, 2023
I gather you filed an application for modification and the other side failed to file timely opposition and then asked the court for a new date to be able to provide the court with new information. Unfortunately, this type of settling happens regularly, especially when the court has 2 pro se... View More
The responding state intentionally hid two very large judgements, then satisfied them with no reciept of Satisfaction, then night automatic closure was to begin, so not to be found by the system, along with never registering them credit agency and much more. The initiating state required no... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 24, 2023
In New Jersey, if there has been neglect or wrongdoing in handling a IV-D Enforcement case related to child support, it's important to understand your rights and the potential remedies available. IV-D cases, part of the federal child support program, are subject to both state and federal... View More
I have put in for a modification in 2000 but they say it was lost or never received. I am a very sick man and this is making me even sicker how can you help? I have also been denied a passport because of this even though I have been paying over 30yrs my support and arrears.
answered on Nov 8, 2023
You are probably not going to like my answer, but this is an example of where you need to spend the money to hire a competent divorce lawyer to review your file in its entirety and file an application with the court to correct your account, correct the claim of arrears and potentially close out... View More
The notice to appear says to report to "65 Hamilton St., Court Annex". There is no floor or suite number. The mailing address of the probation division is 77 Hamilton street. I am already anticipating the guards at the entrance shrugging their shoulders and having no idea where it is... View More
answered on Oct 23, 2023
At the courthouse annex, you will let them know that you are there to meet with a hearing officer to do the cola to the existing child support order. If they ask you information about your ex's financial setting, you can provide them with whatever details you are aware of as well.
Can a legal document be prepared that alleviates the legal obligation to pay child support if both parties sign it?
answered on Sep 6, 2023
As a general statement, the answer is no. Even if the other parent signs an document promising not to seek child support from you as long as you never seek a relationship with the child - neither of you is bound by that agreement. You would always have the right to petition the court to see your... View More
My daughter essentially emancipated herself after graduating high school. She is working and living on her own. I am still on the hook for 1200 bucks a month. Why am I still paying and why does no attorney I speak with think this I'd an issue?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 4, 2023
Emancipation is not automatic, a motion to emancipate her has to be filed. If there are some facts that you have not provided, that would explain why no attorney you spoke to believes it is an issue. So if you not left out key facts, it would require a motion. However, if she is a special needs... View More
My daughter essentially emancipated herself after graduating high school. She is working and living on her own. I am still on the hook for 1200 bucks a month. Why am I still paying and why does no attorney I speak with think this I'd an issue?
answered on Sep 5, 2023
I dont mean to be rude but I think the answer is that you probably have not spoken with a family law specialist. Under the statute, the probation department is to stop collecting child support when an individual hits the age of 19 unless the individual is pursuing a higher education, and then the... View More
answered on Aug 28, 2023
If the other side has filed an application with the court seeking to compel you to pay / adjust your child support payment obligation, the court has to determine your income setting for purposes of the child support guidelines. If you are disabled and receiving SSI and presumably, she is receiving... View More
I found on the Internet from a New Jersey official website that I can have New Jersey enforce my support order. Can someone please call me or let me know what I do to go about this because everybody seems to give me a run-around .
answered on Jun 8, 2023
Under the Uniform Interstate Family Support Act, if you now live in New Jersey, you can seek to domesticate your Penn court order for spousal support and then the New Jersey court system has the authority to “enforce your spousal support order” entered by the court in Penn but the New Jersey... View More
Still waiting for a few details to hash out. I was told she has to pay me back the difference from the date you filed your motion. Please advise. Correction filed motion 2/26/23
answered on May 4, 2023
Absent proof of fraud on you in connection with the underlying child support amount, the court cannot retroactively adjust a child support order to a date before the filing date of your current application. If your application was filed on 2/26/23 and is heard by the court on May 12, 2023, the... View More
Back in February DCPP was involved with me drinking. The worker and supervisor are extremely unqualified to do their jobs. I've sent emails, text, messages, voice-mail etc and they rarely get back to me.
While I'm being ignored, court was adjourned twice and then canceled today.... View More
answered on May 4, 2023
The short answer is that you can schedule a consultation with an experienced family law attorney who handles DCPP matters and is knowledgeable on the rules governing investigations by DCPP reps and the timeline for the completion of their investigations. An experienced family law attorney can also... View More
1 child, 50/50 custody, I don’t currently work however I am comfortable using $50K as my yearly salary. I am remarried w 2 other younger children (7&4). My ex husband is not remarried but his fiancé and daughter live with him. Originally our salaries were $150K & $50K, now my ex husband... View More
answered on Apr 11, 2023
Thank you for your question. Since your ex-husband is being evasive, you can force the issue and make him produce his tax returns provided it is in your original Marital Settlement Agreement by filing a motion. You can also include in the motion a request to recalculate child support. There are... View More
My ex filed a continuation of cs in New Jersey. Stating my daughter is in college. I was told she isn’t going to college anymore. Will she have to provide documents every semester for proof to the cs services or is it a one time deal and she is using the documents before my child quit.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2023
You can bring a motion to have your child declared emancipated and your ex-wife would have to prove that your daughter is in fact in college. Children at that age frequently change their minds about going to college or not. As to the rest of your question, there is no standard answer. With modern... View More
My ex filed a continuation of cs in New Jersey. Stating my daughter is in college. I was told she isn’t going to college anymore. Will she have to provide documents every semester for proof to the cs services or is it a one time deal and she is using the documents before my child quit.
answered on Mar 29, 2023
Thank you for your question. I am sorry your ex-wife is apparently being deceitful. You have to file an application (Notice of Motion) with the court asking that your child support be terminated due to the fact that your child is no longer in college. At that time, your ex then has to provide... View More
My ex filed a continuation of cs in New Jersey. Stating my daughter is in college. I was told she isn’t going to college anymore. Will she have to provide documents every semester for proof to the cs services or is it a one time deal and she is using the documents before my child quit.
answered on Mar 27, 2023
The court system has no knowledge as to whether your daughter is or is not enrolled in college. Your ex filled out a paper from the probation department claiming that your daughter is enrolled in college at present. If you believe that your daughter is not enrolled in college and that your child... View More
Says my ex continues to provide insurance but the enhanced premium is split between us
answered on Feb 22, 2023
No lawyer should answer your inquiry without seeing the language of your agreement, the applicable child support guideline work sheet and any documents used to determine the cost sharing aspect of your child's health insurance coverage.
As a simple example, if you and your ex used the... View More
Says my ex continues to provide insurance but the enhanced premium is split between us
answered on Feb 24, 2023
Thank you for the question. The interpretation of this issue should be based on the specific language of your settlement agreement. It is likely that the “enhanced premium” is considered a premium greater than the premium cost for the child’s coverage at the time of the divorce. Based on... View More
Under 2016 consent order, I agreed to switch the kids from my ex’s work health insurance onto mine (save us both money). Judge just ordered me to cover the kids till age 26 (oldest child is 23 and is emancipated). No previous agreement is in place agreeing to cover kids beyond age 23. Is that... View More
answered on Feb 13, 2023
My suggestion is that you schedule a consultation with a family law specialist to review the motion papers filed by you and your former spouse along with the agreement and the most recent court order to get a better handle on the judges ruling - otherwise a lawyer will be guessing as to his... View 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.
