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

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

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

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

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

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

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

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

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

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

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.

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

Thank you for your question. The court calculates child support based on a number of factors. To have that amount adjusted you need to prove a permanent change in circumstances. Unemployment is generally not considered permanent. You are likely being summoned to a court appearance for an... View More

Good question. Maybe its time to see a divorce lawyer to discuss the filing of an application with the court for termination of your child support obligation? Under the law, there is a specific definition of disabled applicable to a termination of child support matter. If presented properly, the... View More

Yes. Please also make sure that you file your response to the custody / parenting time request promptly if you object to the custody or parenting time sought by your ex. You cannot simply walk into court and tell the court your objection. Under the court rules, you must file a specific written... View More

Thank you for your question. Situations like yours can be confusing. There is not a specific formula when children are residents at college. We use what is called the Jacoby analysis. It is named after a case involving this issue. It is based on actual costs and expenses for the child in question.... View More

So.... your ex has filed an application with the court for enforcement of a prior court order or agreement on an issue involving custody, parenting time, alimony, child support and or related expense items for children, support arrears, college selection or the college costs, or with regard to the... View More

Not a simple question since you are telling me that your ex and the children are planning on moving out of Georgia.

If they were staying in Georgia, under the “Uniform Child Custody Jurisdiction and Enforcement Act” (UCCJEA), Georgia would retains control over your children. But if no... View More

The family part judge is not going to criminally charge your ex with a felony for nonpayment of support but a family part judge does have a host of other tools available to him to address your ex's noncompliance with his support obligation and arrearage obligation. My suggestion is that you... View More

If you and your ex had an agreement as to coverage for the children but the order entered by the judge hearing the child support issue entered an order requiring you to provide health insurance coverage for the children, then you need to file an application with the court immediately to correct... View More