Legal Question in Family Law in New Jersey

child support arrears

My son was born out of wedlock in April,99. The mother refused a paternity test, which I repeatedly asked her to do. In Dec.,99, I was sued to pay child support. At the time I was out of the U.S. until March,00. In April,00, the test was done proving I am the father. On 6-12 I had a support hearing and was ordered to pay $160/week in support effective 10-19-99, which may be the date the mother signd up for welfare. I have paid the $160 each week, but overlooked the effective date, as the arrears payment block on my paperwork has a $0. Now they are ordering me to pay $5930.00 in arrears. I have a hearing on 11-29. Am I obliged to pay back to 10-19-99? Also, I have a son in Jamaica who I fully support. The court in N.J. will not give me credit for him because he does not live with me and I was never ordered to support him. My fiancee is Jamaican and was just recently issued a visa to enter the U.S. They will be arriving in Dec.

How do I get credit for him for the time he is not living with me? I have his birth certificate and receipts of the money I send to them. Thank you.


Asked on 11/18/00, 10:33 pm

2 Answers from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: child support arrears

You should get credit for your first child. However, you need to retain an attorney so that the proper child support calculation can be made. The child support guidelines allow for the credit that you are suggesting. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since you have not retained an attorney in this case, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

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Answered on 11/28/00, 10:52 am
Murray Eckell Eckell,Sparks,Levy, Auerbach,Monte,Rainer,&Sloane

Re: child support arrears

The support order runs from the date of filing of the complaint for support. There isn't much you can do about the arrears except ask for a payment plan.

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Answered on 11/29/00, 2:56 pm


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