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New Jersey Child Support Questions & Answers
3 Answers | Asked in Child Support for New Jersey on
Q: Can I take my ex to court for hacking into my emails and threatening to use them to keep me from filing child support
Paul Ylvisaker
Paul Ylvisaker
answered on Jan 4, 2021

Im not sure what would be in your emails that would be related to sweking child support, but yes you can take him to court for both. You have the criminal and civil actions for breaking into and threatening to disseminate your personal information.

Every parent owes a duty of child support...
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2 Answers | Asked in Child Support for New Jersey on
Q: What are the penalties for custodial child support fraud? Submitting an exhibit for work related child care expenses?

Never sending child to day care while non custodial parent has to pay 50% of cost through child support?

Richard Diamond
Richard Diamond
answered on Dec 30, 2020

I gather your former spouse filed an application with the court claiming that she had a child care expense of XX per month and asked that in the child support guidelines analysis used by the court, that it include an obligation for you to pay your share of that child care cost and now you have... View More

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4 Answers | Asked in Child Support and Divorce for New Jersey on
Q: Would I owe child support on a stepchild?

My Japanese girlfriend is pregnant with our child and we would like to marry. She has a 4 year old son from a prior marriage who lives in Japan with his father; I have never had any contact with this child. She has been mum about whether her son will return at some point and wants me to focus on... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 26, 2020

Unless you adopt the lady's other child, you would have no child support obligation to her for that child. From what you have expressed and the way you have expressed it, you need to retain an experienced NY matrimonial attorney and do not get married prior to having a signed pre-nuptial... View More

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2 Answers | Asked in Child Support for New Jersey on
Q: I am unemployed , lost income due to Covid-19. I have tried paying child support best I can but I no longer able. Help

I need help to submit a modification request in New New Jersey. I live out of state. My kids are both In college and not at home. I was hoping the situation and pandemic would turn around for I have no ability to maintain those payments.

Paul Ylvisaker
Paul Ylvisaker
answered on Dec 3, 2020

I recommend you go to the child support services office of the state whee the children live and open a case to request modification of your child support. Most agencies have online/telephonic services to some extent that can assist you with application process. Your biggest challenge will the... View More

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2 Answers | Asked in Divorce and Child Support for New Jersey on
Q: Can my ex stop his child support since my boyfriend moved in?

We have joint custody of three children. I am the parent of primary residence. He pays me $400 a month for three children in child support. My boyfriend moved in and now my ex wants to stop his child support payments.

Teresa L. Reichek
Teresa L. Reichek
answered on Nov 20, 2020

Every situation is unique and has many factors. I can tell you that cohabitation is a reason to stop alimony payments, but not child support. Those are still his children and he still shares responsibility for their needs. That being said, you should consult with an experienced family law... View More

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2 Answers | Asked in Child Support and Family Law for New Jersey on
Q: can my nj pension be subject to child support intercept

I wasnt married to the mother of my child and she urged the courts to go after my pension to pay her child support I have been unable to work for at least 3 years

Bari Weinberger
Bari Weinberger
answered on Nov 5, 2020

Thank you for your question. Pensions are governed by the federal law, specifically the ERISA statute, but state courts in New Jersey have held that a pension may be garnished to pay child support. There may be more than one court order needed for the plan administrator of the pension to do so.... View More

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2 Answers | Asked in Child Support for New Jersey on
Q: Child Support

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... View More

Richard Diamond
Richard Diamond
answered on Nov 3, 2020

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...
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2 Answers | Asked in Child Custody and Child Support for New Jersey on
Q: Does New Jersey grant a non-custodial parent to vacate child support, visitation and custody?

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... View More

Richard Diamond
Richard Diamond
answered on Oct 21, 2020

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... View More

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1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: Hi,i do live here in new jersey.my question is my wife wants to move out our home.is it ok to bring my son.

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

Richard Diamond
Richard Diamond
answered on Oct 20, 2020

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... View More

1 Answer | Asked in Child Support for New Jersey on
Q: How to get proof that in 1998 I finish pay my child support?
Richard Diamond
Richard Diamond
answered on Oct 17, 2020

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... View More

2 Answers | Asked in Child Support and Family Law for New Jersey on
Q: In NJ, when parents were never married, does the non custodial father have to pay for college in addition to CS?

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.

Richard Diamond
Richard Diamond
answered on Oct 6, 2020

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... View More

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2 Answers | Asked in Child Support for New Jersey on
Q: I have arrears my son was living with me since 2007 child support didn't stop until he turned 18

It didn't stop until 2009 I have a warrant now and I don't think I owe this money HELP ME PLEASE! THANK YOU

Teresa L. Reichek
Teresa L. Reichek
answered on Sep 15, 2020

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... View More

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2 Answers | Asked in Child Support for New Jersey on
Q: If the ex wife inherits money does that change income ratio to determine change if child Support obligation ?
Richard Diamond
Richard Diamond
answered on Sep 10, 2020

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... View More

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1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: In NJ am I allowed to change my childs last name after a certain point after birth?
Richard Diamond
Richard Diamond
answered on Sep 8, 2020

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... View More

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: I live in florida my kids were born here my ex took the kids to new jersey applied for food stamps and medicaid then

Left the state and moved without any notice i have not seen or talked to my two boys in almost 10 years i need to get a reduction on my support order how do i do that

Teresa L. Reichek
Teresa L. Reichek
answered on Sep 3, 2020

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... View More

2 Answers | Asked in Child Support for New Jersey on
Q: Does NJ Initiate a court hearing for unpaid child support, or does the plaintive half to do it?

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... View More

Teresa L. Reichek
Teresa L. Reichek
answered on Sep 2, 2020

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... View More

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1 Answer | Asked in Child Support for New Jersey on
Q: Child Support in NJ ended when my daughter turned 19 this year. Can Mom get a new Child Support order in Massachusetts?

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... View More

Teresa L. Reichek
Teresa L. Reichek
answered on Sep 1, 2020

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.

2 Answers | Asked in Child Support for New Jersey on
Q: if my kids mother dropped child support because i signed paper stating she can move to florida with my son and she

threatens to open another child support can i request she be made bring my son back to nj

Richard Diamond
Richard Diamond
answered on Jul 29, 2020

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.... View More

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1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: Im on child support but my child mother has abandoned her son ain’t seen him since June 7 haven’t called or reached Out

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... View More

Teresa L. Reichek
Teresa L. Reichek
answered on Jul 29, 2020

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... View More

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