Legal Question in Family Law in New Jersey
change of judge and child support
If a judge, who has been on a case motion rules, and the motion is signed, and then the judge is switched because the opposing side has hired an attorney that knew and worked with this judge in a past law firm, can the new judge change past motions and updated motions? And can a parent suddenly ask for child support when the children move with him when in fact he never ever paid child support when they were living with me?
2 Answers from Attorneys
Re: change of judge and child support
A request for child support can be made whenever there is a change in circumstances, including physical or residential custody. The answer to your other question, is it depends. Did anyone ask the judge to revisit the motions?
Re: change of judge and child support
A lot depends on the judge, the motion, the situaation, etc. In general, you can't litigate everything all over again just because there is a new judge. As the custodial parent, you have the obligation to file for child support. If you don't, you waive it. If you do, and he doesn't pay, he is in arrears. If you now have to pay, you should be able to offset your obligation to the amount he owes you. But if you never filed, then he never owes you anything.
Sounds like you should probably get an attorney here.
My initial consultations are always free, so call me at 732/247/3340 to discuss your case.
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