Legal Question in Family Law in New Jersey

A child support issue regarding a child my husband claims he didn't know was his

My husband and I are married just 1 year, both of us not first marriages. Yesterday he visited his family's home where he still occassionally receives some mail which is in NJ. We now reside in PA. Included in the mail was paperwork from NJ stating that he has to appear in court on Aug. 15th regarding child support for a child that the mother is claiming to be his. This paperwork was orginally generated from Fla. where she and this child resides and is looking for payment since 1990. He admits to having a relationship with her, knew that she was pregnant but at that point was seeing other men, did see the child once or twice (not as dad), never a paternity test, has her name, last he heard he was told she moved to Fla. with another man. How can I go about finding out if there was ever a child support order in place and if there wasn't can she try to collect from 1990 or is it from the date she made a claim such as this year. I know here in PA if I had a child 15 yr.ago and filed at Domestic relations I would only be entitled from that day forward not all the past years. I am assuming that my husband will want a paternity test etc. Does NJ take child support directly from pay checks? Thank you for your help. D


Asked on 7/18/05, 10:03 am

1 Answer from Attorneys
Robert Davies The Davies Law Firm, P.A.

Re: A child support issue regarding a child my husband claims he didn't know was

Your husband has a nasty situation, one which requires immediate and careful legal assistance. I have represented men in his situation before, and he will need to challenge paternity NOW, and fight the court action. New Jersey may very likely claim that it is just enforcing an existing out-of-state child support order, so the New Jersey judge can not change it. You will need to find out what has happened, whether your husband ever got notice of any prior court actions, and other important facts. I urge you to hire an attorney immediately, who is familiar with New Jersey divorce and family law.

If I can assist you, please call 973-890-0400. I am located outside Paterson, northern NJ.

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Answered on 7/18/05, 10:31 am


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