New Jersey Child Support Legal Questions

You need to have a Motion as soon as possible (with all of the proper paperwork) prepared and filed in the County where the child support Order was entered.  I recommend that you speak with a lawyer who handles exclusively New Jersey Family Law matters.  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). I hope that we will be able to help you. David F. Salvaggio, Esq. (877-355-5281)  ... Read Answer

I would strongly recommend that you do the opposite. The amount of the child support for your second child's mother should be adjusted downward, when the Order is entered, based on your child support which you pay to your ex-wife.   Ideally, you should have a very experienced New Jersey child support law firm representing you.  It would be well worth the investment. However, if you choose not to do that, please make sure that you advise the Court about the first child support Order and provide the Court with evidence of that Order.  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 Divorce and Family Law matters.  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).  I wish you the best. David F. Salvaggio, Esq. (877-355-5281)  ... Read Answer

Although you did not finish your question, I think that you wanted to know whether your ex-wife's receipt of Social Security Disability reduces either your child support or alimony. The answer is that "it depends."  A court would look at each of your financial circumstances at the time when the alimony and child support amounts were established, and what those financial circumstances are now.   I would need a lot of additional information from you, in order to give you a proper answer to your question.  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 Divorce and 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.nj-divorce.net).  David F. Salvaggio, Esq. (877-355-5281)... Read Answer

I do recommend that you have a Motion filed as soon as possible.  That Motion needs to be drafted properly and needs to include everything that is required.  If you are still accruing child support, the Motion needs to include an application to vacate any child support which relates to the period after each child was emancipated.  If child support was vacated as to each child as soon as that child was emancipated, the Motion needs to propose a repayment schedule which you can comply with for the arrearages.   If the amount of the child support arrearages is correct, it is very unlikely that you will be able to "eradicate" (vacate) the arrearages.   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, including child support.  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

Dear Mr. George, In New Jersey, child support does not automatically end when a child turns 18 years of age.  It ends when the child is "emancipated," which very seldom is the case if the child is a full time college student.   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, including child support. 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

As to the emancipation of your daughter---the answer may be "yes."  I would need to review the Agreement and get all of the details from you. As to the termination of alimony--the answer may also be "yes."  Again, I would need to review the Agreement and get all of the details from you.   I recommend that you call my office and set up what we call an Assessment.  We charge a flat fee for the Assessment of $375.  Following the Assessment, I should be able to give you a more definite answer.  Our telephone number is 973-455-1220.  If you want more information about my Firm and what we do, please take a look at our website, which can be accessed at www.salvaggiolaw.net.   David Salvaggio - SALVAGGIO LAW GROUP LLC        ... Read Answer

Under New Jersey law, you cannot be awarded "retroactive" child support (for periods prior to the date when you file the court application).  Therefore, you should file as soon as possible.  Please also feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information. I wish you the best.  David F. Salvaggio, Esq.... Read Answer

First, you need to know that in New Jersey, child support terminates when a child is deemed to be "emancipated."  Emancipation does not necessarily happen when a child is 21 years old.  It could be earlier and it could be later, based on the specific facts.   If you do qualify for a termination of your child support obligation, you most likely will have to file a formal Motion to the Court which entered the child support obligation.  However, even that answer varies, based on the specific facts.  I have more than 30 years of legal experience and head a law firm which devotes its entire practice to New Jersey Divorce and Family Law matters.  I would be happy to have a brief telephone call with you, to get more facts and to answer any other questions that you may have.  There is no charge for that phone call.  My firm’s telephone number is listed below.   Please also feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information. David F. Salvaggio, Esq.  ... Read Answer

The starting point when fixing child support are the New Jersey Child Support Guidelines, which can be deviated from but are presumptively correct.  One of the line items in the Guidelines is child care.  In your question, you do not say whether your Settlement Agreement explicitly references the Guidelines and explains any deviation from the Guidelines.  That is an important fact to know.  In addition, was there any discussion during your settlement negotiations about sharing the cost of child care?  I would be happy to have a brief telephone call with you, to get more facts and to answer other questions that you may have.  Of course, there is no charge for that phone call.  My firm’s telephone number is listed below.   Please also feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information. I wish you the best.  David F. Salvaggio, Esq.... Read Answer

There are specific rules that determine whether it can be done and, if so, exactly what needs to be done.  Each case is different, depending on the specific facts.   For people in your situation, I suggest that they set up what I call an Assessment, so that I can review all of the relevant facts with them, let them know what I think and how to best proceed.  The cost of the Assessment is $375.  I believe that it is well worth the "investment" given what is at stake. We accept payment by check or credit card (VISA, MasterCard or American Express).   Please take a look at our Firm Website (www.salvaggiolaw.net) which contains a lot of helpful information. If you want to set up an Assessment, please call us at 973-455-1220.   DAVID F. SALVAGGIO, ESQ.... Read Answer

Under NJ law, a non-custodial parent is generally responsible to contribute towards the cost of a child's extracurricular activities--in addition to providing basic child support.  Every case is different.  NJ Family Courts make decisions, based on the facts of each case.  That is why NJ Family Courts are called "courts of equity."  In situations like yours (where more facts are needed), I suggest that people set up what I call an Assessment, so that I can review all of the relevant facts with them, answer their questions and let them know what I think and my suggestions for how to proceed.  The cost of the Assessment is $375.   believe that it is well worth the "investment" given what is at stake. We accept payment by check or credit card (VISA, MasterCard or American Express).   Please click on the SALVAGGIO LAW GROUP link below and take a look at our Firm Website, which contains a lot of helpful information. If you would like to set up an Assessment, please call us at 973-455-1220. David F. Salvaggio, Esq., SALVAGGIO LAW GROUP LLC ... Read Answer

I presume that the child is still very young.  The fact that you signed the birth certificate does not prevent you from getting a DNA test.   If the mother will not agree to a DNA test, you need to file a Motion with the Family Court.  If you are confident that you do this properly without a lawyer, you should do this as soon as possible.  If you are not confident and you can pay the money for good legal representation, you should retain a good Child Support Law Firm as soon as possible.    Our charges vary, based on how much time I anticipate that we will need to spend.  Generally speaking, the legal fees and costs tend to be no less than $2,500.  To accommodate clients who cannot pay the fee up front and ask for "payment plans," we accept payment by credit card (VISA, MasterCard or American Express), which allows the client to make manageable monthly payments on his/her credit card. It is very important that you be completely comfortable with the law firm you retain, before retaining that law firm.  It is also very important that the law firm be completely comfortable with representing you.  Therefore, I always make myself available for an initial brief telephone call with each prospective client, to get more facts.  There is no charge for that phone call.  If you think that you would like to retain our law firm, please call us at 973-455-1220 to set up a mutually convenient date and time for the initial brief telephone call.  Please also take a look at our Firm Website (www.salvaggiolaw.net).  It contains a lot of helpful information. I wish you the best.   David F. Salvaggio, Esq., SALVAGGIO LAW GROUP LLC  ... Read Answer

I presume that you have a Court Order, giving you physical custody of the children and setting an amount of child support which the father has to pay.  I also presume that the father is required to return the children to you by a date certain.   If he will not do so voluntarily--and there is no valid reason for his refusal--a Motion should be filed with the Court to compel him to do so.  Every case is different.  NJ Family Courts make decisions, based on the facts of each case.  That is why NJ Family Courts are called "courts of equity."   In most cases, the custodial parent is entitled to child support even during any periods that the children are travelling, because the custodial parent still needs to maintain a home and incurs "fixed" expenses (like a mortgage/rent, utilities etc.) even when the children are travelling with the non-custodial parent.  If you decide that it would be appropriate for you to file a Motion (or respond to a Motion filed by the non-custodial parent), and you feel confident that you can do it without a lawyer, go ahead and do that.  On the other hand, if you feel that you need a good Family Law Firm to file the Court papers for you and represent you in Court, please contact us. Our charges vary, based on how much time I anticipate that we will need to spend.  Generally speaking, the legal fees and costs tend to be no less than $2,500.  To accommodate clients who cannot pay the fee up front and ask for "payment plans," we accept payment by credit card (VISA, MasterCard or American Express), which allows the client to make manageable monthly payments on his/her credit card. It is very important that you be completely comfortable with the law firm you retain, before retaining that law firm.  It is also very important that the law firm be completely comfortable with representing you.  Therefore, I always make myself available for an initial brief telephone call with each prospective client, to get more facts.  There is no charge for that phone call.  If you think that you would like to retain our law firm, please call us at 973-455-1220 to set up a mutually convenient date and time for the initial brief telephone call.   Please also take a look at our Firm Website (www.salvaggiolaw.net).  It contains a lot of helpful information. I wish you the best.  David F. Salvaggio, Esq. (SALVAGGIO LAW GROUP LLC)        ... Read Answer

If you are court ordered to pay child support then the only way to stop the child support is to back to court and make that request.  The court has to order that the child support stop.  You will need to file a motion at the court house.  You go in person to the court house.  They will give you papers to fill out and then you will get a court date. Good luck. Helayne Weiss, Esq.... Read Answer

I appreciate that you want to look out for your mother.  It is true that all parents are responsible to support their children but the question is, does the other parent want to receive child support?  If he doesn't want child support and he doesn't take her to court then she will not have to pay.  This is an important point because only the Court can compel or order her to pay child support.  Very often parents will talk and reach their own agreement about sharing expenses.  They decide what to include or exclude from the agreement.  So both parents are correct.... Read Answer