New Jersey Child Support Legal Questions

Thank you for your question. The biological parents of a child both have to provide financial support to a child. If paternity is contested the court may order a paternity test but at the end of the day both parents must support a child.  Additional facts are necessary to better guide you as to the factors of child support and how it will be calculated. I strongly suggest that you schedule a consultation with an attorney regarding same. ... Read More

There is no absolute bright-line number of days, but there are rules about this. The court can't hold someone when it is no longer coercive. That is, if the non-payment is not intentional, and the payor simply does not have the money, the payor must be released. The payor can only be held if he or she has the capability to pay but chooses not to. Edward Zohn, Attorney at Law, 908.791.0312... Read More

Thank you for your question.  Yes, depending on what the language in your divorce judgment or Marital Settlement Agreement states.  For example if the law in Georgia states that the child support automatically ends at 18 then you need to bring an application to the court to terminate child support in NJ. However, if there is a provision in your agreement discussing college contribution, the court would have to review the terms of the agreement. I recommend setting up a consultation with a matrimonial attorney to discuss your rights and obligations under the judgment of divorce and any marital settlement agreement that you may have entered into.... Read More

Thank you for your question. I'm sorry you are having issues with the child's mother. You cannot voluntarily give up your parental rights unless there is another individual  willing to adopt the child. If and when the child is adopted by another individual, then child support can terminate. With regards to the child support you are ordered to pay, I strongly suggest that you consult with a family law attorney to see if the amount is appropriate or if you may be overpaying.... Read More

Thank you for your question. In the event there has been a substantial change in circumstances relating to the living arrangements of your daughter, child support can be modified. However, at this time, it is unclear if it will lessen. This is dependent on both parties’ income, the prior support Order as well as how often the child is with each of you. 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. As to the prior marriage, you will have no financial obligation to an ex-spouse or children from the relationship. However, given that you are looking to protect certain assets that are premarital, it may be wise to consider a pre-nuptial agreement. Based on your circumstances, it would be best to contact an experienced family law attorney to address your specific concerns. I hope this was helpful to you.... Read More

Thank you for your question. Unfortunately there is no easy way to resolve the warrant but you must do so. You can turn yourself in by reporting to the county sheriff’s office and telling them you want to surrender on a child support bench warrant. Otherwise, you will be subject to arrest at any time that a member of law enforcement stops you and discovers the bench warrant.   By surrendering yourself it gives you some control over the process, it gives you the chance to bring documents you may need with you, and you may be able to do so in a fashion that you can be heard that day and have the judge lift the warrant for a lesser amount than owed in back support, which is called the purge amount.  The court may then set a date for you to appear before it for an ability to pay hearing, or you may be told to file a motion to have the amount adjusted to something you can pay in order to avoid future warrants.   If you surrender at the sheriff’s office, be sure to take your document evidence with you. While you are held awaiting the hearing, they will hold your papers. Make sure you tell them you will need them for the hearing. They will provide them to you in court. If you do not plan to surrender, you should still gather you document evidence. Try to arrange for someone you know to bring your document evidence to court if you are arrested on the bench warrant.   Please keep in mind that if you surrender you will be processed and held until a Family Part judge is available to conduct a hearing. This may take up to 72 hours, but it usually happens sooner. In most counties, hearings are held every afternoon (Mond–Fri). Many parents subject to a child support bench warrant choose to surrender to the sheriff’s office first thing in the morning, hoping to be processed in time to have a hearing that afternoon. Many parents also avoid surrender on weekends and holidays because the court is not open, and on Fridays or the day before a holiday because if you are not processed in time to see a judge that afternoon, you will remain in county jail until the next regular court day.    Although it may be difficult, you may also try to call probation to see if there is a time to go surrender yourself that will allow you to be processed and a purge amount set immediately before the judge.  Please also consider consulting with an experienced family law attorney who may have additional advice for you based on all of you circumstances. ... Read More

Thank you for your question. I understand how frustrating this can be for you. Signing your rights over does not automatically remove your obligation to pay child support. Unfortunately, I would need more information to be able to fully answer your question, such as was the voluntary surrender through DCPP or was your child adopted by someone else.  Surrenders can be very complex, and as such, it is important to speak with a family lawyer that understands the complexity of the situation. I strongly suggest that you schedule a consultation with a family law attorney who has experience in custody matters as soon as possible, so that you can understand the implications for you and your child. ... Read More

Thank you for your question. This is a complicated question as there are many factors and possible options. Generally, NJ does not allow a party to “sign rights over” to relive a party of the obligation to provide child support. I recommend that you consult with an experienced attorney who can discuss options regarding this issue as well as specific facts to your situation.... Read More

  Thanks for your question. There are many factors to consider when calculating child support. New Jersey utilizes the New Jersey Child Support Guidelines to calculate the appropriate amount to be paid. Consulting with an attorney will be helpful to identify the factors necessary to better guide you. ... Read More

Thank you for your question. Unfortunately it is a fact that, very frequently, the Court makes mistakes when generating Child Support Guidelines. It is certainly important that said Guidelines be reviewed by a knowledgeable and experienced Family Law attorney before implementation. With regard to your specific question, a Court will consider additional sporadic income for child support purposes. What the Court is supposed to do is to take an average over the past years (usually 3 years) and then use that number for income purposes. With regard to your ex, an argument can certainly be made that she has the ABILITY to earn additional income, but choose not to. The Guidelines are based upon an ABILITY to earn income, not the actual income itself. She made additional money in the past – she can do so now. The fact that she CHOOSES not to should be of no consequence. This concept is codified in the NJ Statute addressing child support. Perhaps more importantly, are you aware that you may be entitled to a deduction of child support with regard to your ex due to the fact you have 2 new children from your current relationship? I strongly suggest you schedule a complimentary consultation so as to fully explore your rights and options with regard to your child support issue. I hope this was helpful to you.... Read More

Thank you for your question. I understand it can be stressful when dealing with financial questions. The short answer is no, that you do not necessarily need to return to court to make adjustments to your child support, however, the issues you present are complicated. I suggest you schedule a consultation with a family law attorney who can help address all of your questions and explain to you how to fix the issue without attending court. I hope this was helpful to you. ... Read More

Thank you for your question. The short answer is possibly. I am assuming at some point the child was living in New Jersey and why the initial child support order was placed here. This would make New Jersey the child’s Home State under UIFSA or Uniform Interstate Family Support Act.  Whenever more than one state is involved in the establishing, enforcing or modifying a child or spousal support order, the act is implemented to determine the jurisdiction and power of the courts in the different states. The Act also establishes which state's law will be applied in proceedings under the Act, an important factor as support laws vary greatly among the states. 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 UIFSA and Jurisdiction as soon as possible, so that you can understand the implications for you.... Read More

Thank you for your question.  If you are determined to be the biological father of the child you have an obligation to provide financial support for the child through the payment of child support. Child support is determined based on a number of items. Based on your circumstances, it would be best to contact an experienced family law attorney to address your specific concerns and to ensure you understand your rights.  I hope this information was helpful to you.... Read More

What do you mean about "signed over my rights"? Anything you signed should have discussed child support at the same time. There is not such thing as a "form of adoption." Either the child is adopted or she is not. Again, much more information is needed. Edward Zohn, Attorney at Law, 908.791.0312... Read More

Thank you for your question. In order to enforce the Agreement, you have to file a motion with the court to Enforce Litigant’s Rights.  I suggest meeting with a family law attorney who can review your situation and give you a more detailed approach as to the necessary motion.    I hope this information was helpful to you. ... Read More

Thank you for your question.Typically a parent’s rights can be terminated either voluntarily or involuntarily.   Parental rights are typically reserved unless enforcing them is not in the child’s interest.  Involuntarily termination of your rights has a very high standard to meet.   However, more facts about your case is needed to give a more thorough answer as to how your rights will be impacted. I suggest that you meet with an experienced family law attorney who can assess your situation and guide you in order to protect your rights.I hope this information was helpful to you.... Read More

Thank you for your question.Based on the information you provided, it appears that you would not be able to collect retroactive support.  When you make an application to modify child support, it is retroactive to the date that your application was filed.  I highly suggest you meet with a family law attorney so that you can discuss the situation a little further and gather information on how to better protect your rights.I hope this information was helpful to you.... Read More

Thank you for your question.  I know how worried you must be about your child support arrears.  The short answer is that you should immediately contact an experienced family law lawyer to assist in filing an enforcement of litigant’s rights motion.   When child support is not paid, the court will entertain a motion, known as an enforcement of litigant’s rights motion,  and can order various forms of “enforcement” of the child support order including the payback of arrears, sanctions, and even incarceration and the payment of counsel fees.  You should therefore immediately contact an experienced family law attorney to protect your interests and ensure that your rights are preserved.   I hope this information was helpful to you.... Read More

Thank you for your question.  I know how worried you must be about child support.  The short answer is more information is needed.  Was there any order in place during the time the divorce case was pending?  What was the status-quo prior to the divorce complaint being filed with respect to the payment of marital expenses and expenses for your son?   What is the specific financial situation for both you and your husband in terms of the differences in your income?  What is the exact language in the proposed agreement that you are about to sign in connection with your divorce?  It is important to protect your interests and have  an experienced family law lawyer advocate for your interests.  An experienced family law attorney can review the specific details of your case and advise you as to your rights.  I hope this information was helpful to you.... Read More

You have failed to specify a question of concerns in your summary. So please contact my office for a free consultation. Please keep in mind that not all lawyers are same. Therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans option. Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in NJ.... Read More

How old is the child? We deal in similar cases like yours, where we were able to get over $500,000 in child support and alimony. But every case is different. Please contact us to go over the case details.  Please keep in mind that not all lawyers are same. Therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York City but my network of SMS ATTORNEYS does travel out of state for complex cases and at client request. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plan option. Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Support Lawyer in New Jersey.... Read More

Well, you can certainly file for contempt on her part and have her back pay the amount she owes. While at the same time you can petition for child support modification to get the child support payments reduced based on circumstances if there has been a significant change in your income.  Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details. If you can not afford a private attorney, you may be eligible for a Pro Bono lawyer provided by some courts and if not, feel free to ask about our affordable payment plans.... Read More

Getting child support is easy if he is on birth certificate and you pursue for child support. If he is employed than you will have a good chance of receiving anything. Just because he see her every now and than gives you an Advantage in your case. I would like to know more details about your cSe so that I. CAn go over your options with you. Call me at 12123878001. Looking forward to working with you.... Read More

Family Law matters attorneys are required to collect attorney fees upfront when taking the case.The time to pursue the arrears is very short taking into consideration that the child is now 21.  If you can still be eligible to get him to payback than you should not wait any minute. Contact an attorney a private attorney even if you have to pay $1000 retainer to get a GOOD lawyer to help you recover some if not all than you should take that risk of a $1,000.  Wprkong with a free attorney might limit your chances of a successful ending since free attorneys are always occupied with a bunch of cases. I would you to review my profile as we are the most aggressive and competent network of attorneys specializing in family law. Looking forward to working with you. If payment plans can be arranged if you are employed.... Read More