More details to this question:
My name is krystina. My two daughters for past few yrs lived with their dad. I had arrears bc i was out of work for a while and they acrued pretty high. Now since march 2017 our oldest daughter has been with me. I have full residential of one daughter and their father has full residential of the other daughter. I am paying 400$ a month til the arears are paid off. Future child support has been cancelled. I was also told that tech since my ex makes double my salary that i could get child support from him. But i feel it makes more sense to cut the arrears in half so i am only paying him whats owed for the daughter that lives with me instead of making him pay me child support esp when he now has 3 other kids from his new wife. I need advice. Bc to my knowledge those arrears should not be owed to the parent but to the child and one of the children is now permanetly living with me under my care.
1 ANSWER
Anthony Van Zwaren
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.
Answered on Sep 10th, 2017 at 8:22 AM