Legal Question in Family Law in New Jersey

Child support

My husband has been paying child support for over 12 yrs. It is garnished out of his pay for 2 children from his previous marriage. His oldest son will be 19 in October. The second son will be 16 in August. The mother of his kids have kept them away from him for all of the 12+ yrs. No calls, not ever a picture either. the first week of June this yr my husband noticed his CS was not taken out of his pay like it has been for 12+yrs. He called payroll and demanded they make payment, Payroll said they recieved an official letter from CS agency with Husbands name case # ex-wife name and both childrens names and birthdays. The letter also had our case workers name on it. On this letter there was a very large black X on the square that say's TERMINATION. Also in the section where it says how much money per week was to be taken out was left blank. Payroll said CS is terminated and have a nice day. Yesterday we recieved a letter from CS agency saying his case is in arrears and they will be taking all and any federal, state, or homeowners rebate to be applied to this debt.My husband did not change jobs and has not denied anyone of any monies. CS sent the TERMINATION letter to payroll. We are in receipt of this letter. Now what do we do?


Asked on 7/16/06, 8:43 am

2 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Child support

Call and find out the name of the probation officer who handles your husbands child support order and then make an appointment with that person to present the conflicting doucments and a letter from your husband's employer. Do it right away.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 7/17/06, 9:45 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Child support

Sounds like a big mess. To clear up this situation, I suggest you call up CS and speak to your case worker. Ask for an audit to make sure everything has been cleared up. Arrears over $1000 will bring down your credit score after about 30 days.

I also suggest you look into emancipating the one child and terminating child support on the other given the situation where he is father in name only. It shouldn't be that expensive for you to do either as I have a few of these motions in courts right now. Call me at 732/247/3340 to discuss your case and your options.

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Answered on 7/16/06, 4:19 pm


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