Legal Question in Family Law in New Jersey

Child Support back payment

1) I did not pay the full child support amount (I supposed to pay $1500 per month for 2 kids. I only paid $1200)

After 12 years, can my ex order me to her the back payments.


Asked on 10/13/03, 2:52 pm

2 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Child Support back payment

She may have a problem due to the theory of laches. Laches amounts to sitting on your rights for so long that the court may deem it unfair to enforce your rights completely. She may not be able to collect all of the arrears. On the other hand she may. I would suggest that you contact her and agree to some mutually agreeable lump sum payment based on your ability to pay and considering that lawyers are expensive.

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Answered on 10/13/03, 11:15 pm
Bruce Matez Gerstein Grayson, LLP

Re: Child Support back payment

Yes, she can seek payment of any support you owe. However, there is some case law which may limit her depending on the circumstances. You should check into it further if she files an application for enforcement to collect the arrears.

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Answered on 10/14/03, 9:37 am


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