Legal Question in Family Law in New Jersey
Shouldn't I get some of the arrears?
My son's father just started paying child support last year. He was ordered to pay $20 per week for support and $15 per week for arrears. The courts went back to 1995. His arrearage is approximately $8,000. Now here's the problem I have. I was collecting AFDC/welfare from 1994 thru 1996 (2 years) and then again the whole year of 2002, for a total of 3 years. My son is 9. For 6 of those 9 years I was making it on my own, working and supporting my son. Welfare is telling me that they get the whole amount of arrearage to pay for the 36 months of $322 that they paid me. If that was the case then why didn't they push for the child support to be $322 per month when they took him to court. Shouldn't I be entitled to something for the 6 years? I mean I still had to support my son when I wasn't on welfare. Is there something that I can do? Is what they are telling me right? Please let me know as soon as possible.
1 Answer from Attorneys
Re: Shouldn't I get some of the arrears?
You assistance check is calculated on a different basis than child support. The answer is no.