Legal Question in Family Law in New Jersey
child support
My new husband has two daughters. 1 lived with mom and he paid child sup until she was 18. The 2nd lived with dad and mom never paid child support. Now the 2nd went to live with mom. Mom wants a lot of child support. Can my new husband file for child support he never received? They did not go to court but decided on his payment for child 1. Dad still keeps medical, dental, etc on both girls. What rights does dad have?
2 Answers from Attorneys
Re: child support
Dad does have a right to contest the new child support. However, there is a bar against imposing retro-active child support. However, you might be able to make other arguments that would help. I would suggest you seek the advice of an attorney to help with these issues.
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Re: child support
Any time that there are changes in the living arrangements with the children, this would be a "substantial change of circumstance" and would require a review of the child support arrangements. All circumstances would then be reviewed, including current income of both parents and any other relevant factors. Previous agreements (written and also verbal agreements that can be proven) may also be relevant. In order to determine what your husband's current best course would be, he should seek the advice of an attorney.
Keep in mind that this advice is given based on the little bit of information that you have
provided in your question. My advice may change based on other information. Further, no one
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because we have not personally met and you have not retained me as an attorney. If you have not
already done so, you should immediately meet with an attorney for a full consultation before you take any further steps. You may feel free to call me to discuss this matter in more detail. If you do so, mention Law Guru and your first one hour of time will be free. Good
luck! Rob Gleaner