New Jersey Child Support Legal Questions

I have seen your question. My name is David Salvaggio.  I head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  It's all we do. Although the answer to your question is most likely "yes," a good Family lawyer will need more facts in order to provide you with an intelligent answer.  To obtain further guidance, I recommend that you meet as soon as possible with a very experienced lawyer who devotes his/her practice exclusively to New Jersey Family Law matters such as yours. Go over your situation in detail with the attorney, get educated answers to your questions, and obtain expert guidance as to the best course of action. In my opinion, it will be well worth the cost of the meeting. Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  We handle cases in all of the counties in northern and central New Jersey.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com), which contains a lot of helpful information. If you would like to have a brief personal telephone conference with me (no charge), you can call our offices at any time of the day or night.  Our telephone number is 973-455-1220. My personal Extension is 14. Please leave a voice mail message for me if I am not available to speak with you when you call. You can call our offices at any time of the day or night if you want to schedule an Assessment. Our telephone number is 973-455-1220. My Personal Extension is 14. Please leave a voice mail message for me if I am not available to speak with you when you call.... Read Answer

I have seen your question. My name is David Salvaggio.  I head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  It's all we do. In your question, you do not say whether you have properly filed and served formal Motion papers and have a court date. If not, that has to be done. If you have other children, you MAY be able to get a modification. Whether you can depends on a number of different factors.  Some of those factors are your income at the time that the current level of child support was established, the mother's income at the time that the current level of child support was established, your current income, the mother's current income, and the income of the mother(s) of your other children (or the amount of child support that you are now paying for the other children). To obtain further guidance, I recommend that you meet as soon as possible with a very experienced lawyer who devotes his/her practice exclusively to New Jersey Family Law matters such as yours. Go over your situation in detail with the attorney, get educated answers to your questions, and obtain expert guidance as to the best course of action. In my opinion, it will be well worth the cost of the meeting. Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  We handle cases in all of the counties in northern and central New Jersey.  Please feel free to take a look at my firm's website (www.salvaggiolaw.com), which contains a lot f helpful information.      If you would like to have a brief personal telephone conference with me (no charge), you can call our offices at any time of the day or night.  Our telephone number is 973-455-1220. My personal Extension is 14. Please leave a voice mail message for me if I am not available to speak with you when you call. You can call our offices at any time of the day or night if you want to schedule an Assessment. Our telephone number is 973-455-1220. My Personal Extension is 14. Please leave a voice mail message for me if I am not available to speak with you when you call.... Read Answer

I have seen your question.  My name is David Salvaggio.  I head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  It's all we do. Please feel free to take a look at our Firm Website (www.salvaggiolaw.com), which contains a lot of helpful information. In order to properly answer your question, a good lawyer will need to see the divorce papers.  Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  We handle cases in all of the counties in northern and central New Jersey.      If you would like to have a brief personal telephone conference with me (no charge), you can call our offices at any time of the day or night.  Our telephone number is 973-455-1220. My personal Extension is 14. Please leave a voice mail message for me if I am not available to speak with you when you call. I would need to see the divorce papers before I speak with you. ... Read Answer

I have seen your question. My name is David Salvaggio.  I head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  It's all we do. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information. Under New Jersey law, your ex-wife has a child support obligation for your children, as long as they are attending college on a full-time basis, because they are not emancipated. If they are living at school while they are attending school, there is no formula for the amount of her child support obligation.  It is arrived at by weighing all of the different factors in the New Jersey Child Support Statute.   Under New Jersey law, your ex-wife also has an obligation to contribute a reasonable amount towards the cost of your children's college education.  New Jersey case law will determine what is "reasonable." To obtain further guidance, I recommend that you meet as soon as possible with a very experienced lawyer who devotes his/her practice exclusively to New Jersey Family Law matters such as yours. Go over your situation in detail with the attorney, get educated answers to your questions, and obtain expert guidance as to the best course of action. In my opinion, it will be well worth the cost of the meeting. Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  We handle cases in all of the counties in northern and central New Jersey.  For a list of those counties, please go to the Home Page of our website and scroll to the bottom of the Page.     If you would like to have a brief personal telephone conference with me (no charge), you can call our offices at any time of the day or night.  Our telephone number is 973-455-1220. My personal Extension is 14. Please leave a voice mail message for me if I am not available to speak with you when you call.  ... Read Answer

I have seen your question. My name is David Salvaggio.  I head a law firm that devotes its practice exclusively to New Jersey Family Law matters, including child support cases.  It's all we do. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information. If you want to give yourself the best chance, I believe that you should meet as soon as possible with a very experienced lawyer who devotes his/her practice to New Jersey Family Law matters such as yours. Go over your situation in detail with the attorney, get educated answers to your questions, and obtain expert guidance as to the best course of action. In my opinion, it will be well worth the cost of the meeting. Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  We handle cases in all of the counties in northern and central New Jersey.  For a list of those counties, please go to the Home Page of our website and scroll to the bottom of the Page.     Many lawyers offer short in-person “Free Consultations” as a means of attracting potential clients. I believe that a “Free Consultation” is not sufficient for the potential client to obtain the information and guidance that he/she needs, and that it also ignores the value of the lawyer’s advice. Therefore, after speaking very briefly with a potential client over the phone at no charge, I offer as a next step what is called an Assessment, in which I will go over your situation in detail, answer your questions, and give you guidance as to the best course of action. Typically, the Assessment lasts at least an hour. The cost is $425. In order to make sure that the Assessment is as useful as possible for you, we will provide you with a detailed Questionnaire for you to complete and bring to the Assessment. You can call our offices at any time of the day or night if you want to schedule an Assessment. Our telephone number is 973-455-1220. My Personal Extension is 14. Please leave a voice mail message for me if I am not available to speak with you when you call.... Read Answer

I have seen your question.   My name is David Salvaggio.  I head a law firm that devotes its practice exclusively to New Jersey Family Law matters.  It's all we do. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information. The appropriate time to file the Motion is AS SOON AS POSSIBLE.  Because Motions must be filed and served at least 24 days before the date that the Motion will be heard (called the "return date") and Motions are only heard every other Friday, unless the Motion were properly prepared, filed and served by tomorrow (can't be properly done that quickly), the earliest return date would be June 13.     Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  Our telephone number is 973-455-1220.  If you would consider retaining our firm to represent you, I would be happy to speak to you briefly by telephone, at no charge.... Read Answer

I have seen your question.  My name is David Salvaggio.  I head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  It's all we do. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information.  When determining who owes child support to whom, the designation of who is the "custodial" parent will not really matter.  What DOES matter is your respective incomes.   The question in your situation is whether you were JUSTIFIED in taking the new job, which apparently pays you less (but gives you benefits). Your ex could argue that you were not justified in taking the lesser paying job.  If she is not going to argue that, then when you do a child support calculation according the New Jersey Child Support Guidelines, it is likely that she would have to pay you child support because you have true 50/50 parenting time with the children.   You still need to have a "Guidelines" calculation done in order to confirm that, because there are other variables in the Guidelines (such as the extra cost for you to provide health insurance for the child, if in fact you are now doing that).     I would be happy to speak with you, get all of the details, and do a "Guidelines" calculation for you.  The cost for me to do that would not be very significant.   You can call our offices at any time of the day or night.  Our telephone number is 973-455-1220. Please leave a voice mail message if I am not available to speak with you when you call.... Read Answer

I have seen your question.  My name is David Salvaggio.  I head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  It's all we do. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information.  In order for any good lawyer to provide you with answers to your questions, the lawyer will need a lot more facts, and probablyh to meet with you.  Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  I believe that you should meet as soon as possible with me. or another very experienced lawyer who devotes his/her practice to New Jersey Divorce and Family Law matters. You need to go over your situation in detail with the attorney, get educated answers to your questions, and obtain expert guidance as to the best course of action. In my opinion, it will be well worth the cost of the meeting.... Read Answer

I have seen your question.  My name is David Salvaggio.  I head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  It's all we do. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information.  In New Jersey, you cannot automatically stop paying child support once a child turns 18 years of age.  You must pay child support until a child is "emancipated." That means "outside the sphere of influence of the parents."   Although there is a presumption that a child is emancipated once the child reaches the age of 18, but that presumption is "rebuttable," which means that if the custodial parent can show that the child is not emancipated, you must continue to pay child support.  A child would not be emancipated if the child is still in high school or is going full-time to college.    There are even some cases where a child may never be emancipated, because of a physical or mental disability. Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  If you have any other questions, I am willing to have a brief personal phone call with you (at no charge).  You can call our offices at any time of the day or night.  Our telephone number is 973-455-1220. Please leave a voice mail message if I am not available to speak with you when you call.... Read Answer

I have seen your question.  My name is David Salvaggio.  I head a law firm that devotes its practice exclusively to New Jersey  Family Law matters.  It's all we do. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information.  If your ex has moved out of State, and you know where he lives, there is a way to try to enforce his obligations through the State in which he now lives.  Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  If your location is such that you would consider having our firm represent you, I am willing to have a brief personal phone call with you (at no charge).  You can call our offices at any time of the day or night.  Our telephone number is 973-455-1220. Please leave a voice mail message if I am not available to speak with you when you call.... Read Answer

  I have seen your question.  My name is David Salvaggio.  I head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  It's all we do. The best way for you to get the child support Order enforced in Texas is to contact a lawyer who practices Family Law in Texas, near where the non-custodial parent now lives.   The New Jersey Order will first need to be "domesticated" (entered as an Order) in Texas, before it can be enforced there. If you need help finding a lawyer in Texas or the Texas lawyer needs help, please can call me.  The cost for my help would be minimal.  My firm's telephone number is 973-455-1220. My Personal Extension is 14. Please leave a voice mail message for me if I am not available to speak with you when you call.    ... Read Answer

Yes.  If there are child support arrearages as of the emancipation date, those arrears are not extinguished and should be paid.   My name is David Salvaggio.  I head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  It's all we do. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information.  A good start would be to look at the Section entitled "How We are Really Different."   If you would like to schedule a brief personal phone call with me (at no charge), you can call our offices at any time of the day or night.  Our telephone number is 973-455-1220. Please leave a voice mail message if I am not available to speak with you when you call.  ... Read Answer

I head SALVAGGIO LAW GROUP LLC, a law firm that devotes its practice exclusively to New Jersey Family Law matters.  It's all we do. I understand your concern.  Please let me know in what NJ county your ex filed the Motion and in what county your ex and you now live, so I can try to give you more guidance.   David F. Salvaggio, Esq. dfs@salvaggiolaw.com WEB SITE: www.nj-divorce.net... Read Answer

You can only stop when you and your Ex agree to emancipate your daughter or when the Court Orders her emancipated.  This normally occurs at the age of 18 or upon completion of college.  As long as your daughter is a full time college student, the Court would likely not emancipate her.... Read Answer

No, you cannot and should not simply deduct them on your own.  However, the payments probably will lower substantially your child support obligation--and might even justify you paying no child support depending on the circumstances. I presume that your child support payments are based on the New Jersey Child Support Guidelines.  What has to happen is that a new Guidelines Worksheet needs to be created.    I strongly recommend that you meet as soon as possible with a very experienced lawyer who devotes his/her ENTIRE practice to New Jersey Family Law matters, go over your situation in detail, get educated answers to your questions, and obtain expert guidance as to the best course of action. In my opinion, it will be well worth the cost of the meeting. I head a law firm that devotes its practice exclusively to New Jersey Family Law matters.  It's all we do. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information. I would be happy to have a brief telephone call with you, to get more information.  There is no charge for that phone call.  Please call 973-455-1220. David F. Salvaggio, Esq.    ... Read Answer

Your father needs to have a Motion filed with the Court in the proper form. I head a law firm that devotes its practice exclusively to New Jersey Family Law matters, including child support and post-judgment matters.  It's all we do. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information. I would be happy to have a brief telephone call with your father, to get more information.  There is no charge for that phone call.  My firm’s toll-free telephone number is listed below. David F. Salvaggio, Esq. (877-355-5281)  ... Read Answer

Eric, The "specific way to do it: is to file and serve a written Certification (in the proper format and within the time period prescribed in the Court Rules), asking that the "petition" (probably a Notice of Motion) be denied and giving the specific reasons why.   The "dilemma" you have is that people are better off being represented by an experienced Family Law attorney, but that cost money.   I head a law firm that devotes its practice exclusively to New Jersey Family Law matters.  It's all we do.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information. At the very least, you may consider meeting as soon as possible with a very experienced lawyer who devotes his/her ENTIRE practice to New Jersey Family Law matters, going over your situation in detail and obtaining guidance as to the best course of action. In my opinion, it will be well worth the cost of the meeting. My firm’s toll-free telephone number is listed below. David F. Salvaggio, Esq. (877-355-5281)... Read Answer

Based on the facts you have given, I do not believe that your ex will be successful. If your ex has already filed a Motion in NJ, you need to take action as quickly as possible.  I strongly recommend that you meet as soon as possible with a very experienced lawyer who devotes his/her ENTIRE practice to New Jersey Divorce and Family Law matters, go over your situation in detail, get educated answers to your questions, and obtain expert guidance as to the best course of action. In my opinion, it will be well worth the cost of the meeting. I head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters. It's all we do. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information. I would be happy to have a brief telephone call with you, to get more information. There is no charge for that phone call. My firm’s toll-free telephone number is listed below. David F. Salvaggio, Esq. (877-355-5281)... Read Answer

I cannot determine the answer to your question based on the information that you have given. In NJ, there are written Child Support Guidelines which serve as a starting point for determining child support. The Guidelines are based on each party's GROSS (not net) weekly income. In addition, the Guidelines only apply to children who are UNDER 18 YEARS OLD.  If your child is 19 years old, going to college and LIVING AT HOME WITH THE CUSTODIAL PARENT (not living at college during the school year), it is possible that the child support amount will be the same as when the child was going to high school.  However, the Court would also consider WHO IS PAYING FOR COLLEGE.   I head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  It's all we do. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information. I would be happy to have a brief telephone call with you, to get more information.  There is no charge for that phone call.  My firm’s toll-free telephone number is listed below. David F. Salvaggio, Esq. (877-355-5281)       ... Read Answer

There are Child Support Guidelines in NJ.  Under those Guidelines, the amount of child support depends on several factors, including among other things each parent's income, which parent claims the children as a tax exemptions, parenting time, health insurance costs and day care costs for the children.    The income of your second wife should not be relevant. I head a law firm that devotes its practice exclusively to New Jersey Family Law matters, including child support.  It's all we do. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information. I would be happy to have a brief telephone call with you, to get more information.  There is no charge for that phone call.  My firm’s toll-free telephone number is listed below. David F. Salvaggio, Esq. (877-355-5281)... Read Answer

Unless you can convince the Judge to reconsider and change the Decision, your only option is to file an appeal.  The time limit for doing that is 45 days after the date of the Court's Decision.   I have more than 30 years of legal experience and head SALVAGGIO LAW GROUP LLC, a law firm which devotes its entire practice to New Jersey Family Law matters.  I would be happy to have a brief telephone call with you.  Of course, there is no charge for that phone call.  My firm’s toll-free telephone number is listed below.  Please also feel free to take a look at our Firm Website (www.salvaggiolaw.net).  I wish you the best. David F. Salvaggio, Esq. (877-355-5281)   ... Read Answer

In New Jersey, the amount of child support is almost always based on written Child Support Guidelines and can be changed when there are "changed circumstances."  However, child support cannot be changed retroactively, so that it is important to have an application made to the Court as soon as possible, if it appears that you may be entitled to relief.     I head a law firm that devotes its practice exclusively to New Jersey Family Law matters, including child support cases.  It's all we do. Please feel free to take a look at our Firm Website (www.nj-divorce.net), which contains a lot of helpful information. I would be happy to have a brief telephone call with you, to get more information.  There is no charge for that phone call.  My firm’s toll-free telephone number is listed below. David F. Salvaggio, Esq. (877-355-5281)... Read Answer

If you have been making most of the payments by bank transfer, there should be a record of most of the payments.   That is what you should do for ALL FUTURE PAYMENTS.  Alternatively, you could give her money orders and keep the receipts.   If she knows all of your personal information, you should start a NEW bank account and make sure that she can't get access to it.   She WILL eventually have the right to find out what you have saved, because each of you will have to provide complete disclosure.   You need to meet with a New Jersey Divorce Law Firm as soon as possible, to go over your situation in detail, get educated answers to your questions, and expert guidance as to the best course of action.   You should get the best possible legal representation.  I would be happy to have a brief telephone call with you.  There is no charge for that phone call.  My firm’s toll-free telephone number is listed below. Please also feel free to take a look at our Firm Website (www.nj-divorce.net). David F. Salvaggio, Esq. (877-355-5281)        ... Read Answer