Do I have to keep paying child support if my ex-spouse gets remarried?
Asked on Oct 06th, 2015 on Child Support - New Jersey
More details to this question:
My ex GF has a kid by another man and is also about to get married by him soon. She mentioned that when she gets married by him, she would take me off child support. How do I go about getting off child support with her statement?
I have seen your question.
My name is David Salvaggio. I have more than 35 years of legal experience and head a law firm that devotes its practice exclusively to New Jersey Family Law matters.
Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information about my firm.
The answer to your question is:
A court would NOT relieve you from the responsibillity of paying child support, simply because your ex-girlfriend got married.
If you are now paying child support through Probation, she can advise Probation that she wants the payments to now come to her directly and therefore that the Probation Account can be closed. If that happens, and then she signs a written Agreement with you that you don't have to pay child support to her, you may not have to pay child support to her unless and until she decides otherwise. (Child support is the right of the child--not the parent--and cannot be waived by the parent).
The only way for you to legally be free of your responsibillity to pay child support would be for the other man to adopt your child. He would have to agree to do that. In addition, you would have to agree to the termination of your parental rights. I don't know whether that is something that you would be willing to do.
Many people try to "save money" by foregoing the advice of a good New Jersey Family Law attorney. They certainly have the right to do that, but in my many years of experience as a lawyer who devotes my entire practice to New Jersey Family Law matters, I have seen that strategy result in the loss of a lot more money than what good legal advice would have cost.
Therefore, I offer what is called an Assessment, in which I will go over the person’s situation in detail, answer his/her questions, and give that person guidance as to the best course of action. Typically, the Assessment lasts about an hour. The cost is $350.
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, including not only Morris County but also Somerset, Hunterdon, Sussex, Warren, Passaic, Bergen, Hudson, Middlesex and Monmouth counties.
If you live in one of those counties and wish to schedule an Assessment, please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof. She will be able to arrange a mutually convenient date and time for the Assessment.
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