New Jersey Child Support Legal Questions

If the boyfriend does not live with you you can return the papers to the sender and inform them that they have not properly served your boyfriend. If he has notice otherwise (like service at an alternate address perhaps), then he has been served and needs to attend or have an attorney enter an appearance on his behalf. If he fails to answer or appear, he may ultimately need to provide proof that he was living at an alternate address and was improperly served. He should discuss this with an attorney because he might end up with a default against him that can lead to things like wage garnishments, suspended driver's license, etc.... Read More

Who has primary residential custody? The IRS requirement is that the parent who has the child at least 51% in his or her residence is the one who can claim the deduction. If the daughter lives with your ex, then he would have the exemption. Otherwise, you should have it unless there was some type of agreement between the two of you in your property settlement agreement.... Read More

Ongoing child support can be modified, however, in New Jersey, arrears are not subject to modification except in cases where the child was legally subject to be emancipated and the non-custodial parent was late in filing a motion for emancipation. However, I do not believe the same applies when one child goes to live with the formerly non-custodial parent. That should have been the time to file a motion to modify your child support obligation going forward and have the judge recompute the numbers.... Read More

From what you describe, it seems unlikely that New Jersey would have jurisdiction over your child or child support, unless there is already a court order out of New Jersey for custody, child support, etc. that specifically states New Jersey retains jurisdiction regardless if your child moves.... Read More

The main issue would be whether your husband consents to the move out of state and whether he has filed any application to ensure visitation and/or custody is appropriately modified if the mother is permitted to move out of state to Florida. As Ms. Anderson states, the lower cost of living is not necessarily going to be a big difference. The child support guidelines are basically computed on the father's income, the mother's income, the age of the child, any unreimbursed medical expenses, any other child support orders and a few other factors. ... Read More

There is a New Jersey law that requires the Executor of an estate to do a child support judgment search, and if they fail to pay the back judgment, the Executor becomes responsible.  You should get a copy of the probated will from the county in which the person died.  The Probate clerk will be able to either provide you with a copy of everything in the file, or direct you as to how to get that.  Look on the documents and see if ther eis an attorney that assisted with the probate, and if there is, send notice to that attorney now.  Send a Certified letter with the green card receipt, and keep that receipt.  Make sure that the amount of your outstanding child support has been confirmed either through probation, or by a judgment.  You do not need ot hire a lawyer to get this money for you, it is a New Jersey law that the executor has to pay it to you.  ... Read More

You would have to file a motion to modify and substantiate a change of of circumstances to reduce the payments. I do not know how long the current order remained unmodified other than for COLA but presumably you had your two sons with you for at least 12 years. But if the deductions are for arrears, then there wouldn't be a change of circumstances since child support can be modified going forward but not for money owed in the past.... Read More

Presumably, this is in Surrogate's Court in NJ. The court will have appointed a guardian or administrator for the estate. The court will have ensured that whatever assets are in the estate are accounted for, or in some cases sold, like houses or other real property. Then the court will order the adnministrator to pay the estate's debts, of which child support should be fairly high up. For instance you may be behind the government if there are unpaid taxes, but you will be ahead of unsecured creditors like credit card companies and the like. You should perhaps contact the Surrogate's Court in whatever county you received notice from and see if there has been an accounting.... Read More

You need to find out who the trustee is.  If there is no private trustee, then possibly the money is being held in the TRust department of the County Court.  If the child received the trust as the result of the death of a family member or from a personal injury suit, then the money could be held in the Court's Trust - Minor's Trust.  Call the County Court of the county in which the matter took place and if they are holding the money they can tell you the procedure you would use to access the money.  Good luck !... Read More

You may consider speaking with the probation caseworker assigned to your child support matter.  It is possible that there is already an enforcement hearing scheduled.  If that is the case, when you get to court for the enforcement hearing or if you are picked up as a result of the warrant, explain your circumstances to the hearing officer and/or to the Judge and request time to file a motion with the court before further enforcement ensues.   Speaking with court staff is not enough.  If you have experienced a substantial change in circumstances from the date support was last calculated, you may consider filing a motion to modify or decrease your child support obligation, among other relief.  If you receive social security disability, your child may be eligible to receive benefits as well.  If your child receives social security benefits as well, in your motion, ask the court to substract the benefits from your child support payments.   To further explain the process of filing a motion and to address other questions you may have, you may consider consulting with an experienced family law attorney.  The attorneys at Weinberger Law Group offer a free one-hour initial consultation.  Call today to schedule your appointment.  You may also find the below weblinks to be helpful. http://www.njchildsupport.org/getattachment/872552c7-f032-4a55-a988-24041e2f1fe7/FD-Application-for-Modification-Kit-(2).aspx http://www.njchildsupport.org/getattachment/37e5fdf5-7330-4ee2-80e4-8e59192c198c/FM-Motion-for-Modification-Kit.aspx http://www.njchildsupport.org/getattachment/Resources-Forms/ChildSupport_hndbk_Eng_1958_nocrops_8-2016.pdf.aspx http://www.weinbergerlawgroup.com/children-parenting/child-support/modifications-amendments.aspx    ... Read More

I do not know why where you attend university would affect child support.  You are entitled to child support until you are emancipated, and if you are a full time student, you do not have to be emancipated.  The Court does not care where the school is located as long as you are attenting. ... Read More

I don't understand the question.  You send money every month for the child, but you're asking if you can get child support.  If there are other children involved, then you might be able to get support for those children, but I don't know how a court is going to enforce support for a child not living in the US. ... Read More

You can ask the court to enforce your child support Order and request additional payments each week be made toward the arrears.  In addition to requesting enforcement of the child support Order, if support is not yet ordered to be paid through the court, you can ask the court to order your child's other parent to pay child support through the court's Probation Department.  In this way, the Probation Department will keep track of the payments and the arrears owed and will enforce the Order by other means including suspension of driver's license, revocation of passport and ultimately arrest. The attorneys at Weinberger Law Group offer a free initial consultation.  We are happy to meet with you, explain the application/motion process and represent you.  Call today (855-548-2157) to schedule your free initial consultation.  ... Read More

I think waiving your right to future discovery means you can't demand any additional discovery from your ex, but it doesn't mean you can't supply more information.  If your circumstances have changed, you can suppy that information and if your ex wants to dispute it your ex can submit additional information, but you have no right to demand your ex's updated income information.  ... Read More

Cashing the check should not negatively impact your pending Motion because, assuming the payor continued to meet his/her ongoing support obligation, he/she is still in arrears at least $7,800 ($11,000-$3,200). Keep a record of the deposit and on your court date you will need to inform the Judge of the fact that you received payment and of the new outstanding arrears balance. The attorneys at Weinberger Law Group offer a free initial consultation. Should you have further questions, feel free to call today (855-970-1768) to schedule your appointment.... Read More

You will need to file an application with the court. It is a good idea to file sooner rather than later so you and your son's other parent can begin to plan accordingly for the January 2017 semester. There are factors the court will need to consider in determining whether or not to reinstate child support. Having the representation of a lawyer would be beneficial in, among other areas, the preparation of a letter brief to the court applying New Jersey case law to your matter and ensuring you provide the exhibits the court will want to review prior to making a determination. The attorneys at Weinberger Law Group offer a free initial consultation. We are happy to meet with you to discuss your concerns and your options. Call today (844-211-4268) to schedule your free initial consultation.... Read More