Lawyers, Answer Questions  & Get Points Log In
New Jersey Child Support Questions & Answers
1 Answer | Asked in Child Support for New Jersey on
Q: Can I put in a motion to the court to get a child support judgement removed if my ex wife is deceased no administrator?

I put in a second motion to get the child support judgement removed on a closed child support case. I do not owe any arrears on this case. My first motion was denied because my ex wife is deceased and I was informed to send the paperwork to her administrator of estate. I then did a second motion... View More

Richard Diamond
Richard Diamond
answered on Mar 15, 2022

You need to meet with a divorce and family law specialist or presumably, you will continue to go round and round with the legal process since you are not understanding the issues outstanding. There was an order outstanding for the payment of child support against you. That payment was to address... View More

2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for New Jersey on
Q: My ex boyfriend has completely blocked me of all communication with my daughter for one year.

I have reached out to him every single weekend for one year in hopes of solving this dispute amicably, but to no avail. He has also ignored all messages and calls from my family as well. There is no court order in place to keep me from seeing her but he is concealing her. He has bow hired his own... View More

Bari Weinberger
Bari Weinberger
answered on Mar 4, 2022

Thank you for your question. I’m sorry to hear you’re going through this. You should strongly consider filing an application with court to establish a parenting time schedule. If he has already filed an application for child support, then you should file a parenting time application under... View More

View More Answers

1 Answer | Asked in Child Custody, Child Support and Divorce for New Jersey on
Q: Divorce, i want my kids 3 nights my ex wants me only to have 1 night and 2 after school/ dinners Should i get a lawyer?

Started meditation we agreed on everything except parenting time .. i would like 3 over nights a week , she wants me to only have one overnight on the weekend and 2 afternoon/ nights during the week but kids have to be home for bed time .. i dont no what to do.. i really dont wanna get lawyers... View More

Teresa L. Reichek
Teresa L. Reichek
answered on Feb 22, 2022

Thank you for your question. Negotiating divorce terms can be very stressful and you are to be commended for coming to an agreement on all other issues. According to NJ Statute, it is a matter of public policy to assure that minor children have frequent and continuing contact with both parents... View More

1 Answer | Asked in Divorce, Child Custody and Child Support for New Jersey on
Q: How often should a client receive statements from divorce attorney? Haven't received 1 statement since hiring 7 mo ago.

Attorney rarely responds to emails, cancels most scheduled calls, she's not responding to opposing counsels emails or calls. At what point can I file a complaint to the NJ Bar?

Richard Diamond
Richard Diamond
answered on Feb 17, 2022

As a general statement, most lawyers send out statements monthly or every other month. I dont know if you retained a lawyer on a flat fee basis or if you paid a retainer with the lawyer working against the retainer, but the easiest way to find out the status of your setting with counsel is to call... View More

1 Answer | Asked in Child Support and Divorce for New Jersey on
Q: Do I need to use a lawyer or should I use a lawyer to change my divorce decree?

My husband left me and filed for divorce 8 months later.Our divorce was final in Nov 2018. I hired a lawyer that I could afford who ended up not helping me at all. I ended up being pressured into signing over my home, getting no alimony and barely any child support for 2 children because he gets... View More

Richard Diamond
Richard Diamond
answered on Feb 15, 2022

You need to schedule a post-divorce consultation with a divorce law specialist to review the terms of your divorce agreement and your current setting to see if there is a proper basis for reexamination/modification/enforcement of the terms of your agreement. Most divorce lawyers will schedule an... View More

1 Answer | Asked in Child Support for New Jersey on
Q: Hi I live in Dominican ReP I had A baby with a citizen of PR and he moved back to PR. How can i file for child support
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2022

If you live in the DR and the baby's father lives in PR, then you need to contact an attorney in PR. Posting your question in NJ accomplishes nothing.

2 Answers | Asked in Child Support for New Jersey on
Q: In nj i recently made 5 million on stock market and have 2 years of child support left, how would that effect CS, Or not

2 yrs of college left, and I got lucky with stocks, can I keep that away from $ hungry Ex. Or not?

Michael Andrew Conte
Michael Andrew Conte
answered on Dec 16, 2021

Child support is the right of the child, not "the money hungry Ex." That said, child support is driven by income, not assets. If the money you made from the stock market were to factor into a child support calculation, a reasonable rate of income derived from the investment of those gains... View More

View More Answers

1 Answer | Asked in Child Support for New Jersey on
Q: I’m 24 and my Dad some how with a friend got out of child support when I was about 3. Is it possible for me to claim?

I was only about 3-4 and he had a friend or family “remove” him. Not sure about the details on that and I was recently told this. Id like to find a way to claim or sue. It’s not fair he found a loopholes and id like to know if I could also sue by him having friends in the inside.

Richard Diamond
Richard Diamond
answered on Nov 5, 2021

I think that you have been given incorrect information. Everyday, people file applications with the court system claiming that someone is the father of their child. In response, the court system can require that person to submit to a paternity test to verify that they are the biological parent.... View More

1 Answer | Asked in Child Support for New Jersey on
Q: When do child support liens get taken?before board approval?or after board approval?
Richard Diamond
Richard Diamond
answered on Oct 25, 2021

Not sure I understand your question but when a child support order is entered by the court and paid through the county probation department, if payments are not made, then periodically, the probation department will seek to have that amount of arrears reduced to judgement and it will show up as a... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: Can I have my daughter's mother arrested for taking her out of NJ? She moved to Colorado 6 weeks and did not tell me.

My daughter was born 8/18/20 soon after I broke up with the mother. We have had a parenting plan for visitation in place, we get her two days a week and every other weekend. A month after her first birthday 9/9 baby's mother took her to Pennsylvania without my permission. Then she said she... View More

Bari Weinberger
Bari Weinberger
answered on Oct 19, 2021

Thank you for your question. In most cases, a parent must obtain consent or a Court Order to permanently remove a child outside of the State of NJ if NJ is the home state of the child. In the event she left without permission, than you would need to file an action in Court to compel her to return.... View More

1 Answer | Asked in Child Support for New Jersey on
Q: How can I transfer my ASUME PR case to where I'm leaving now? I'm currently in Elizabeth New Jersey.

My son's father owes a lot of money to child support. I've been leaving in New Jersey for over 3 years and haven't found how can I transfer my case. Please help. Thank You!

Richard Diamond
Richard Diamond
answered on Oct 7, 2021

I am going to presume that you have an existing probation department account elsewhere and your ex was obligated to pay his child support through that account.

Your ex was in arrears on his child support payments and owed you a lot of money.

You then moved to NJ 3 years ago, and...
View More

1 Answer | Asked in Child Support for New Jersey on
Q: Married over 30 years. Youngest 2 of 6 children are Freshmen & Sr. in college. Hubby wants divorce but does not

want to pay spousal or child support for the 2 college kids. Now in my mid 50's, I have no income and we cannot afford divorce, as per multiple attorneys from previous consultations. About $100,000 equity in the house, $30,000 in 401K and he has $40,000 in separate personal account from... View More

Richard Diamond
Richard Diamond
answered on Sep 20, 2021

I dont know if any of the lawyers you met with for consultation purposes were specialists, but presumably during your consultation[s], you discussed your employment history, your husbands current employment setting and your employment potential to determine what your husbands support obligation... View More

1 Answer | Asked in Divorce and Child Support for New Jersey on
Q: Can my husband and I get a pro-bono lawyer in Morris Co., NJ for mediation for divorce if it's expected to take more

then 2 hours. When we had the mediation settlement panel thru the court, one of the attorneys was pushing for mediation and said it would probably cost over $5,000 and would take more than a few hours. We don't have alot of money or assets, in fact we were told from the beginning we... View More

Richard Diamond
Richard Diamond
answered on Sep 14, 2021

I have been a divorce lawyer for the past 36 years and it doesn't sound like the issue is the cost of the mediators involvement. Rather, it sounds like the issue is your husbands bullying and pressure tactics. The bigger problem for you is that mediation is a confidential process. The court... View More

2 Answers | Asked in Child Support for New Jersey on
Q: Can I terminate paying child support if my son is 20 yo is in College but has steady earnings workin remotely in NJ?
Richard Diamond
Richard Diamond
answered on Sep 9, 2021

I dont know if there is a court order or agreement in place requiring you to pay child support until your son graduates from college or if there is an order requiring you to pay child support through the probation department system, but simply terminating your payments may cause your ex or the... View More

View More Answers

1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: I have a 16 yr old granddaughter whom was living with her mother in GA. Her mom kicked her out and sent her to her fathe

To NJ. Granddaughter wants to live with father. Mother refused to send docs to father. As her maternal grandmother can I ask the court for a law guardian for my Granddaughter. Father can't get birth certificate, his name isn't on it. My daughter wants her daughter to live hard. Job corps... View More

Teresa L. Reichek
Teresa L. Reichek
answered on Aug 23, 2021

Thank you for your question. I am so sorry that you and your granddaughter have to go through this stressful time.

The most direct answer is you can file a grandparents rights application and request formal custody of your granddaughter. Then the court can order your daughter to turn over...
View More

4 Answers | Asked in Child Support for New Jersey on
Q: In NJ, does child support automatically end when child reaches 18?. Do I have to file motion for it?.

Divorce papers state 18 if not attending school after high school

Michael Andrew Conte
Michael Andrew Conte
answered on Jul 16, 2021

If the case is being administrated by the probation department, there is supposed to be issued documents prior to the child's 18th birthday asking the custodial parent for documentation of college enrollment, or other information that would continue child support beyond the child's 18th... View More

View More Answers

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: My son has a baby, doesnt want a relationship wjth but wants to provide for him. What's the best way to do this
Richard Diamond
Richard Diamond
answered on Jul 1, 2021

Legally, even if he doesn't want a relationship with his child, he still has an obligation to provide child support for him, health care assistance and contribution to work related child care. As a general statement, to determine the amount of child support your son should pay, the state of... View More

2 Answers | Asked in Child Support and Family Law for New Jersey on
Q: How can I get out of my child support arrears? I was not in the courtroom when the judge made a ruling.

I have a child I take care of separate. I have filed for SSDI

Richard Diamond
Richard Diamond
answered on May 7, 2021

Whether you were in the room or not, either your ex or the probation department submitted an application for enforcement and provided the court with the details of your noncompliance with your child support obligation. Upon receipt of that application you were obligated to file a written opposition... View More

View More Answers

1 Answer | Asked in Divorce and Child Support for New Jersey on
Q: NJ college tuition as part of child support

We have an MSA codified when we were in Virginia but divorced in NJ where we both currently live. I’m concerned my ex wife will try to take me to court to use NJ law/precedent to make me pay college tuition after child support ends. 1. Is she likely to win in NJ court even if we have an MSA from... View More

Richard Diamond
Richard Diamond
answered on May 6, 2021

I dont think my answer will come as a big surprise to you. You need to sit down with an experienced family law attorney to review the terms of your agreement and any court orders entered in your matter ( in Virginia and in New Jersey) to determine how a court would address the issue if presented.

1 Answer | Asked in Child Support for New Jersey on
Q: My son is 23 I am still paying child support for him cause his mom is playing the disabled card

My sone needs a liver but he can do everything on his own he can walk fine feed himself go to gym even plays video games and goes to the mall alone and has had jobs his mother uses him as a meal ticket I do owe back support I got behind cause I can’t offord it I pay less for my teen girls... View More

Richard Diamond
Richard Diamond
answered on Apr 29, 2021

Under the law in New Jersey, a child is presumed emancipated at age18 / graduation from high school. If the child goes on to college / trade school following his graduation from high school, emancipation can be deferred but not past age 23, except if he is disabled, but the definition of disability... 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.