New Jersey Child Support Legal Questions

Our practice is comprised of 3 family law attorneys, 2 who are male and 1 who is female and a female paralegal who jhas worked with me for the past 28 years. I gather that your children are living with your former spouse and are not being properly cared for / addressing their educational needs and your former spouse is not responsive to your concerns. Presuming my understanding is correct, then you can either file a complaint with DCPP for neglect or you can file an application with the court for a change in the custodial setting for the children or both. If you file a complaint with DCPP, make sure that you have detailed information to provide the representative with so that your former spouse cannot simply dismiss the claim. Do your homework first and confirm with the local school district that the children are not enrolled nor has your former spouse put them into a home school program. ... Read More

Interestingly enough, under the new Advance Child Tax Credit program created by the Federal government to assit families impacted by the pandemic, because you filed personal income tax returns in 2020 claiming a child as a dependent, the IRS will pay you a monthly sum per month starting in July ( through the end of the year) and when your ex files his personal income tax returns for 2021, he can receive the remainder credit ( 50% paid to you in monthly installments based on your 2020 tax filing and the remaining 50% paid in connection with the filing of 2021 returns). ... Read More

Generally speaking NJ recognizes the obligation of both parents to finacially assist a child past the age of 19 if the child is enrolled in a full time college program and they are finacaily capable of doing so. If his online classes constitue full time attendance according to the college, you may be required to continue contributing to his support or collge costs. There are other factors to consider and you should consult with an attorney to determine if he meets other criteria.... Read More

Thank you for your question. The most direct answer is yes, in certain circumstances child support can be reinstated, especially if there is a question of disability. However, there are many factors involved. The best thing to do is take advantage of a free consultation. You will receive advice specific to your circumstances, which will allow you to make an informed decision as to how to proceed.  ... Read More

I gather that the mother of the other child had a court order outstanding for child support, so when your father came into a settlement, a search was run ( normal) to determine if he had any judgements outstanding. And, I gather your father had a judgement against him for non-payment of child support. As a result, from the settlement proceeds, the judgement was paid off. As for you and your sibling, I gather your grandmother did not have a court order in place for your fathers payment of child support. So, if your grandmother did not have an order outstanding for child support, then you have no claim against the monies. ... Read More

Thank you for your question.  I am sorry you are having difficulty with your son.  Your question does not relate to “Family law” and, as such, I am hesitant to answer same.  However, in order to protect yourself, you need to go to Court and assure the Court that you are trying to have your child go to school i.e. you are not just “sitting back” and allowing it, but there is not much you can do.... Read More

Ouch! This is a thorny question - so I need to be careful with my answer. Presumably, the federal government will issue the stimulus checks prior to most people filing their 2020 federal income tax returns and in that setting, the federal government will rely upon the information contained in the 2019 tax filings (as to who is entitled to claim the child's portion of the stimulus payment).  Yet, under the IRS code, since he has the right to claim the child on his 2020 tax returns. but when he finds out that you got the check for the child’s portion of the stimulus payment, he is going to tell you that you need to turn it over to him. If he has already filed his 2020 returns and claimed your child as a deduction, I cannot tell you whether the government’s computer system will automatically make that adjustment and send it to him.  My suggestion is that you suggest to him now that whoever gets the check, the 2 of you split it equally since its additional money not anticipated by your divorce agreement. ... Read More

Under Federal law (42 USC 654 (31)) once the Federal government receives a reporting from a state’s Probation Department system, certifying that an individual owes $2,500.00 or more in child support arrears, the federal government has the right to refuse an individual a passport, or it may revoke, restrict or limit his travel into or out of the country. The fact that you and your sibling may now be emancipated, does not mean that your father honored his child support obligation to your mother and those arrears are not simply wiped out. My suggestion would be for you to speak with your mother and find out how much is owed in child support arrears to see if arrangements can be made to pay them off or to discuss a payment plan with your mother or with the probation department, to permit your father reentry into the country. ... Read More

Thank you for your question. There is a possibility that your estate will need to address any arrears that may be due at the time of death. Ultimately, the person whom the money is owed would need to address the issue with any prospective estate.  Based on the circumstances, there may be resources available to assist with the issue and it may need to be addressed in the event legal action is taken. Based on the circumstances, it  would be best to contact an experienced family law attorney to address your specific concerns.... Read More

Thank you for your question. Unfortunately, you can not file anything with the court until you give birth. At that point they will have to establish paternity, wherein they will require your child’s father to take a DNA.  If he comes back as the child’s father he has rights regardless if you ask for support or not. I hope this was helpful to you.... Read More

The short answer is that there is case law in NJ that says that a child can graduate from high school and need a year to get his act together; during which year, the child can be deemed emancipated and then go to college and then be deemed unemanciapted. In your setting, he graduated from high school but only went to college part time for 2 years, during which his father paid child support and now the plan is for him to go to college full time and therefore you are opposing your ex's application to deem him emancipated. Your opposition to your ex's application must explain in detail with as much documentation as possible as to why your son was only going to college part time and whether his father knew he was going only part time and why the plan is for him to now go full time. I would also make sure that you include the classes taken by him, his GPA and proof that he is going to college now full time with documents from the school confirming same. Simply saying it without supporting paperwork will not suffice for the court. Also, dont think that you are simply going to walk into court and tell the judge your position. You must file written opposition to his application and you must attach all of your exhibits and provide a complete story. For purposes of your opposition, you have 25 pages available to you ( not considering exhibits) to write and explain why he was only going part time, etc and you will need all 25 pages to type out your response. ... Read More

If you and he agreed that he would pay for specific expenses for the children, then everything agreed upon needs to be in a writing submitted to the court so that it is clear what he is to pay for. If its not in a writing as part of the submission to the court, he can later claim that he never agreed to pay for those expenses and a judge will be hardpressed to impose an obligation that you say he agreed to and he says he never agreed to do so.  Separately, you and he NEED to run the child support guidelines as part of the divorce process so that the court and both of you know exactly what he was obligated to pay under the guidelines. You and he have the right to deviate from those guidelines, but for court purposes, it is required to be submitted and referenced to the court. The guidelines identify your income from all sources, his income from all sources, who is paying for the childrens share of  health insurance coverage ( and the actual amount for their share of the coverage) and the number of overnights the kids will be with him over the course of the year( i.e - if he has them every other weekend from friday to sunday, then he has 2 overnights in a 14 day cycle or 52 overnights for the year).  ... Read More

These are great questions and it is good that you are being proactive with this and looking into getting a jump start on what is to come for child support monies in support of your daughter. In New Jersey, child support as well as medical support for your daughter may continue up to age 23 so long as she is attending full-time college (or graduate school) OR in the event you and your daughter’s father enter into some sort of agreement. There are other factors in the Statute, but these are the specific ones that apply to your situation. Do you currently have an agreement in writing that relates to child support and/or college contribution? Anything that discusses medical contribution? If you and your daughter’s father have an agreement that discusses these issues, a family attorney could review the arrangements and provide assistance on where to go from here. If your daughter is seeking child support AFTER she turns 23,  Court can Order that support continue if it’s warranted under the law – meaning your daughter would have to show the need for it. This would also need to be considered something other than “child support” since it technically cannot go past the age of 23.  There are some additional questions that may need to be answered and will definitely be helpful in your situation. To help you understand your rights and options, I strongly urge you to schedule an attorney consultation.... Read More

Thank you for your question. In order to enforce a child support award, you would have to take him to court to get an order enforcing it. While you are not required to hire an attorney to make an application through the Courts, it is generally a better course to have representation to ensure that you are pursing all of your rights in the correct manner as required by the law and Court Rules, and to help you map out the right strategy to get you to your goals.... Read More

As a general statement, neither your former partner nor the probation department can attack your retirement account, but if the court was to conclude that you are willfully refusing to pay your child support obligation or related expenses, the court can order an invasion of your retirement assets for the payment of those expenses, which  invasion will also result in the imposition of taxes and penalties due on the invasion, which will be your responsibility to pay as well. As an alternative, since you acknowledge that you owe the money and dont have the cash flow for the payments, maybe you take the initiative and suggest to your former partner, that you and she enter into a qualified domestic relations order ( called a QDRO) for the payment of all of the money owed for back child support and unpaid unreimbursed health care costs - cleaning up your outstanding obligations. By doing so, the money will be taken from your retirement account and rolled over to a retirement account in your former partners name and then she can withdraw all or part of it as needed ( and she may also qualify for a hardship, avoiding the penalties for the withdrawal). It could be a win-win for both of you. ... Read More

An order of the court terminating your legal relationship to the child (and permitting the stepfather to formally adopt him) ends your future legal obligation for the payment of child support. An order of the court terminating your legal relationship to the child does not terminate any child support arrearage obligation outstanding as of the date of the termination order. So, if you owed 10,000 in outstanding child support as of the date of the order for termination of your legal relationship to the child, you do not get to avoid payment of that 10,000 obligation but from the date of the termination of your legal relationship to the child into the future, any order outstanding for the payment of child support from you ends and the probation department would need to correct its records to reflect that effective XXX date, they should not have been collecting any new child support from you. If a probation department officer ( the hearing officer) tells you that you are wrong and you are the father and you have to pay the child support - tell her that she is wrong and that you want to appear before the court to address it. Understand that this is a unique setting and 95% of hearing officers have not seen this type of setting before and may not understand the legal significance of the order for termination of parenting rights and therefore you need to insist on appearing before the judge so that you can address it to him / her. Make sure that you bring with you a copy of the order requiring the payment of child support, the order terminating your legal relationship to the child ( the order permitting the step father to adopt the child) and a print out of your probation department account statement showing that the probation department has continued to collect child support from you after the date of the order for termination. Make sure that you keep each of those documents in separate file folders so that they are easy to locate during the proceeding and make sure that you have copies to give the hearing officer and the judge ( instead of bringing 1 of each and expecting them to copy everything for you. Make it easy for everyone to review the records you want them to see. If you have any communication with your ex confirming the adoption or communications from an agency involved in the adoption matter, bring copies of those documents as well. If you have text messages between you and your ex or you and the stepfather confirming the adoption, take screen shots of those text messages and then print them out - otherwise the court cannot consider them. You cannot hand your phone to the court for its use in your proceeding since the material on the phone is not evidence that the court can retain in its file.   ... Read More

If you have a bench warrant outstanding for non-payment of child support, it means you fell behind on payments, causing an arrearage setting and then probation filed an application with the court for sanctions for non-payment & a court entered an order for your arrest. So, eventually probation will discover that you are working & the police will be dispatched to your place of employment to arrest you & you will then be taken from your new employment in handcuffs. Not a good way to start your new job. My suggestion is that you reach out to the probation department NOW & let them know that you have a new job & that you want to square away your arrears with a payment plan. Make sure you get the name (first & last) of whomever you are speaking with at probation & his email address. If you can work out an arrangement for the payment of the arrears, you must confirm it in writing to the person you spoke with. Simply having a telephone call with "someone" from probation, will not stop you from being arrested since there is no way to verify if your story is true. Your letter to the person in probation needs to state that you are confirming the conversation on XXXX 2020 ( CS number XXXXXX) as to the outstanding bench warrant for non-payment of child support & that you & he agreed that you would begin paying XXXX to probation weekly beginning XXXXX to pay off the arrears & to pay your weekly child support going forward. Confirm his telephone number in the email as well to prove your effort to resolve this issue. Next, you need to let your new employer know that you have an order for arrest outstanding for nonpayment of child support but that you are addressing it responsibility & you have worked out an arrangement with probation for repayment. The worst thing you can do is ignore the order & think that you can simply begin working a new job & that everything will be ok. It won’t. Be proactive & begin that process today. ... Read More

Technically speaking, your new wife has no responsibility to contrbute or pay your child support obligation, but if you are in arrears and you have a joint bank account with your new wife and there is an order outstanding as to payment of arrears, someone is going to move before the court to freeze that account and attempt to grab that money for payment of child suport arrears, which money may include your current wifes money from her employment. The easiest and safest way to avoid this issse is to "overpay" your child support ( if possible) through the probation department ( presumably your payments are through a probation department account) so that you never fall into arrears and even if you occassionally late on a payment, there is sufficient monies in the account to cover the obligation outstanding. It may be a pain, but it may also make your new wife happier knowing that her money will be safe. The advice given is purely to help reduce your new wifes stress level and to make things easier for you moving forward. ... Read More

Im confused by the question - are you asking if you ( as the mother) can take a paternty test to determine if your child is really your biological offspring or are you asking to have your husband take a paternity test to determine if he is the biological father of your child?  The first setting is easy. If you are unsure as to whether your child is really biologically "your child", you can take the test ( which would include taking a swab from the child and from your husband at the same time). The next question though is what do you do if it turns out that the child is not really your biological offspring. If the child is not your biological offspring, then efforts would need to be made to determine who is the biological parent[s] and then potentially have her rights terminated so that you could then adopt the child. As to the 2nd scenerio, if you are uncertain as to whether your husband is the biological father of your child, you can again have the test run ( with his cooperation) to determine parentage. If he is not the biological father, then you would need to identify who you belevie is the biological father. Since you are married, to compel him to take the test, you would have to file an application with the court seeking to compel the testing, which would require you to submit details as to your sexual relationship with this other man at the time of conception. ... Read More

Thank you for your question. SSDI payments may eligible for garnishment to fulfill child support obligations in the event that child support payments are in arrears. In addition, if the SSDI qualifier is entitled to a lump sum of back pay and past-due child support is owed, a percentage of this may also be garnished to satisfy the support obligation. Whether or not your children will be eligible for auxiliary benefits under SSDI depends on a variety of factors including the qualifier’s age and the children’s ages. All of these factors and more can have a bearing on giving you a specific answer. To help you understand your rights and options, I encourage you to schedule an attorney consultation. ... Read More

Thank you for your question. Depending on the context of the letter, you may be able to clear up the issue with the Probation division directly. However, if that does not work, you can always execute a new agreement with the other party stating that no arrears are owed.  Based on your circumstances, it would be best to contact an experienced family law attorney to address your specific concerns.... Read More

Thank you for your question. I am not sure I understand the question because I don’t know if the “tax garnishment in place” is for child support.  However please be advised that Social security benefits and Social security Disability Insurance (SSDI) can be garnished to pay child support and alimony obligations including back taxes and no-tax debt owed to a federal agency such as student loans and federally funded home loans.  It is important that you are aware what orders are in place and if you can’t make certain payments that you seek the help of an attorney to file a motion in court to lower payment in order to try to avoid garnishments.... Read More

Thank you for your question. I understand how worried you must be to navigate your options in connection with the support of your daughter. The short answer is possibly, however, such is fact sensitive. I encourage you to contact a family law attorney who has experience with emancipation matters so that you can understand the implications and next steps.  ... Read More

Thank you for your question. I understand how worried you must be about paying child support. Once your son enters the military academy, he would be deemed emancipated. You may schedule a consultation with a family law attorney once he is in the naval academy for further information on the steps and procedures for emancipating your son. Please be sure to bring your supporting proofs to the consultation.... Read More

Thank you for your question. I understand how worried you must be about your property.  The short answer is possibly. A Court can enter an Order to sell property to collect on a child support obligation.  But the final determination depends upon how the property is owned and whether there are other available sources to satisfy the obligation.   I understand that you need answers and need to protect yourself. I strongly suggest that you schedule a consultation with a family law attorney who has experience with child support matters so that you can understand the implications for you and your family. ... Read More