My wife has been paying child support for over a decade and was recently contacted by her son who is now an adult. The child has not been living with the father, but with the grandparents. We also suspect that the father is using her child support to pay for his child support for a child he had... Read more »
The starting point for this discussion is the relationship between your wife and her ex in laws.
If her son lives with the ex in laws, then she can speak with them about having her child support payments directed to them instead of in favor of her ex. Presumably, your ex and his parents...Read more »
My sons father has intermittent parenting time with his son due to his own accord. We have a court order for every other weekend Friday to Sunday but he has missed two months of visitation this year so far and last year he did not have overnight visitations for a year. He does not have stable... Read more »
DO NOT WAIT ANY FURTHER! Contact the court immediately ( responding to whomever sent you the notification) telling them that you have not received any of his paperwork and therefore cannot respond to his claims. Send a copy of that submission to the probation officer in charge of your account and...Read more »
We havent filed a divorce but she wants to bring my son to her no place that i dont even know where is it.Can i able to tell her not to bring my son until she filed a divorce at custody of our son?thanks
Schedule a consultation with a certified matrimonial ( divorce) trial lawyer before you agree to anything. This is too important an issue to simply agree upon without understanding the legal significance of your actions. Too often, we family law specialists hear stories about someone getting bad...Read more »
I am not sure why you need proof today as to the emancipation of your child in 1998 ( 22 years ago), but the easiest way would be for your ex to sign a letter acknowledging that you paid your child support properly and that your obligation ended in 1998 and that there were no child support arrears...Read more »
Child was estranged and the father had no input on college decisions. Father also can't afford to contribute to college on top of the child support he is already paying. Couple was never married and have no agreement about college.
Whether married or not, the obligations owed to a child remain the same ..... but the starting point in this discussion is the language of your agreement or court order for child support & parenting time. Presumably, your agreement / court order provided you and your ex with a joint legal...Read more »
Thank you for your question. I'm sure that is a very stressful situation. You should immediately contact the probation department and make sure they know that your son is over 18. If you are on amicable terms with the other parent you should also ask him or her to contact probation and suspend...Read more »
Potentially yes. The NJ case is Miller v Miller, which stands for the proposition that a family court judge is authorized to impute income to an immune asset ( inheritance) for child support calculation purposes. Hypothetically, your ex received an inheritance of 500,000. The court can impute an...Read more »
There is case law in NJ addressing a custodial parents plan to change a child's last name - translated, its not that simple if your ex is opposed to it. My suggestion is that you meet with a family law attorney to learn what is permissible and what will result in litigation between you and...Read more »
Thank you for your question. That sounds very frustrating. You need to consult an experienced family law attorney in the state where your child support order originates. If it is a NJ order then seek counsel in NJ. Also, consider that if you are still paying child support then your ex is receiving...Read more »
My mother and father have been divorced for many years, my father (parent to pay C S) recently received a letter from the State of New Jersey stating he needs to appear in court regarding unpaid child support. Is that something my mother (parent receiving C S) would have had to file or would the... Read more »
Thank you for your question. It could have been either one. The probation department might have commenced an enforcement proceeding if your father is in arrears on his support. It is also possible that your mother filed an enforcement motion because your father is in arrears and she wants that...Read more »
Hi, Mom and daughter moved from NJ to Massachusetts 2 years ago but I continued paying child support in NJ. NJ order ended when she turned 19. Now the mom has submitted a new order in Massachusetts. Is she eligible for more child support? I am paying for college and offered to help, but she... Read more »
It is unlikely that Massachusetts would enter a new support order as most states do not compel support after the age of 18. That being said, I am not licensed in Massachusetts. You would need to speak to an attorney licensed in that jurisdiction for a complete analysis.
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 »
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 »
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 »
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 »
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,...Read more »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.