Legal Question in Family Law in New Jersey

back child support owed

My question is this: Can child support arrearages be make retroactive? My ex-fiance , the father of my child has filed for emancipation of my 19 year daughter. I have no problem with that except he owes me $4,000 in back child support and wants it to be made retroactive to 1 month following her high school graduation which was June of 2002. Can he do this?? I have a court date for june20, 2003 to have a judge in family court hear our case. My ex has been non existant in my daughters life for the past 5-7 years and has failed to live up to his legal obligations to provide medical and dental coverage for his daughter. I have always taken care of it. Is this money able to be recouped by me since it was in a court order to pay 60% of her medical and dental bills?? I have the bills that iI have paid for documentation. Please advise asap. I am desparate. Thank you


Asked on 5/28/03, 5:05 pm

3 Answers from Attorneys
Bruce Matez Gerstein Grayson, LLP

Re: back child support owed

There is a statute that prohibits the retroactive modification of child support EXCEPT as it relates to emancipation. Basically, he can have the child support terminated or modified back to the date of high school graduation if in fact the child was emancipated as of that date (ie. did not go on to college full time or is not disabled). You can certainly make an application for reimbursement of other monies that he owes you. If you would like to further discuss these issues, please feel free to contact my secretary, Debbie, at 856-795-6700 to schedule a consultation.

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Answered on 5/29/03, 6:39 pm
Gary Moore Gary Moore Attorney At Law

Re: back child support owed

You can file a cross motion to enter a judgment against your husband in the amount of money he was required to pay by prior court order and did not pay, although you demanded payment. Copies of the unpaid bills and other obligations are required. You can call me at 800 273 7933 to discuss your case. If you live very far from Hackensack you should call an attorney in your area.

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Answered on 5/28/03, 6:16 pm
Philip Burnham, Esquire Burnham Law Group, LLC.

Re: back child support owed

While child support arrears are technically not retroactice, you can have the Judge enter a Court Order for amounts he should have paid and was obligated to pay by Court Order. You should contact an attorney immediately or file a Pro Se Cross-Motion. The Court has strict time lines on when motions and cross-motions have to be filed. Please feel free to call my office at 856-489-8888.

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Answered on 5/28/03, 6:28 pm


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