Legal Question in Family Law in New Jersey
back child support
My friend has been seperated 15 yrs. Wife lives in Maryland, he is in New Jersey. Has one daughter who is 18yrs old. He never had a court order for child support, paid lump sums of money to her when asked through the years. Now daughter and wife says they are taking him to court for back child support, because he had asked for a divorce. She said she will fight him on the divorce, and it will cost him. Will he have to pay back child support to them if there was never a court order issued to him for child support?
Thank you very much for your time.
4 Answers from Attorneys
Re: back child support
He will not have retroactive child support. If his daughter is 18 and not in school he probably not have to pay any child support. If she enrolls in college he may have to contribute to the cost of same.
You might give me call so that I can give a better answer based on your answers to my questions.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: back child support
I have read what the other attorney wrote. Once again, Gary Moore, Esq. has given you a thoughtful answer. I would only add that after this long a time, your friend really should bring a close legally and completely, to his long-dead marriage.
Good luck to you.
Re: back child support
A simple motion to dismiss the child support claim would put that to an end, but as the other attorney noted, he may be forced to pay for schooling. However, that will depend on several issues and I have 3 motions pending right now where we should be able to avoid any payment of college expenses. I also doubt the divorce will cost him much as there really shouldn't be many issues with such a long seperation. In addition, if its expensive for him, it will be for her too. He needs an attorney that is going to file some motions to try to end all this quick before it gets out of control. Call me at 732/247/3340 to discuss the case. My consultations are always free.
Good luck!
Re: back child support
Thinking about his situation my question is what is there to fight over? With eighteen months of separation a divorce is granted routinely. With such a long period of separation what financial entitlement does his wife have? Normally a marriage longer than 10 years is a basis for the award of permanent alimony, but he has had grounds for divorce for at least 13 years.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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