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

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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

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

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

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

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

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

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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

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

Thank you for your question. Additional information is required to provide you guidance in this matter. The attorney would need to review prior court orders and determine the appropriate next steps. If you are legally granted custody by way of court order and there are no subsequent orders, the... View More

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

I am not sure how the terms of your prenuptial agreement with your fiancé connect at this moment to your fiancé's child support obligation for children from his prior marriage.

Your fiancé has a child support obligation based on his current income setting from employment and... View More

Thank you for your question. If you don’t have the father’s consent to move, then you need a court order to grant you permission to move. You will need to file a motion but unfortunately it will not be heard in 6 weeks so unfortunately, you will need to speak to a matrimonial attorney to see if... View More

Sounds like your children are not emancipated - which means that he is not entitled to terminate his child support obligation. The issue is where should his child support payment be directed? Maybe the payment should be directed to your aunt since she is the one caring for and paying for the... View More

I think you may be mixing apples with oranges with your question. Under NJ’s child support guidelines, there is a presumption that teenagers are more expensive than younger children - so if the guidelines are first calculated when a child is 13 years old or older, the court has the right to add... View More

There are a lot of things that you can do to better handle the communications with your ex. The best way for you to handle things is to file an application with the court under the FD docket ( for unmarried people with children) for a modification of your custody and parenting time plan. You will... View More

You have sole legal and residential custody of your daughter, and your ex has only 2 supervised visits with her per week because the court was convinced that he has serious mental health issues, making him a danger to your daughter. The fact that he is scamming others for money supports your claim... View More

Preparing the child support guidelines correctly is not a simple task and simply because the county probation department officer prepared them for you does not mean that they were prepared correctly. My suggestion is that you pay a family law specialist to review the guidelines and meet with you to... View More

He ( and a guardian on his behalf) need to meet with a family law attorney immediately. Yes, there are provisions in the law to address an individual with legitimate disabilities and presumably, if he is disabled, his child[ren] are receiving benefits as well.

If New Jersey has established jurisdiction under the uniform child custody jurisdiction and enforcement Act (UCCJEA), then another states court system cannot enter an order unless New Jersey surrenders jurisdiction to Conn (if an application is filed in Conn, you would then have the right to oppose... View More