QUESTION

Child support when kids are visiting outside the USA

Asked on Jan 24th, 2013 on Child Support - New Jersey
More details to this question:
I applied for child support and it was granted as long as the kids are back by a certain date.The problem is,the father to the kids does not want them back because he does not want to pay child support.He has called the child support to delay the child support start date.My question is,are the kids only entitled to support while they are just in the USA,and when they travel outside the country,they are not entitled?They are both American citizens.Thank you.
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1 ANSWER

Alimony, including Establishment, Modification, Termination, and Enforcement Attorney serving Parsippany, NJ
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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)        
Answered on Jan 27th, 2013 at 12:13 PM

SALVAGGIO LAW GROUP LLC (877) 355-5281 www.salvaggiolaw.net This answer is not intended to be legal advice. Please consult an attorney.

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