Legal Question in Family Law in New Jersey

Child Support - Mother collecting but not living with child

Been paying child support to mother for 2 years, found out that as of August 2005, the mother abandoned the child with a relative of the birth father, but continues to collect child support, although the child no longer is in her care. Is this legal? What agency needs to be notified of this? I am lost, and I am in the middle of trying to relocate, and do not want to delay the relocation with another court date.


Asked on 1/09/06, 10:47 am

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: Child Support - Mother collecting but not living with child

I will assume that what you say is correct, that the mother left the child in another relative's care. You may not want to 'delay' your relocation, but you must get a Court Order to change the child support, and perhaps custody.

You need an attorney's assistance and advice.

If you would like, give me a call. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru, and I will give you a free initial consultation.

Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 1/09/06, 11:04 am
Ana Esteves Law Office of Ana P. Esteves

Re: Child Support - Mother collecting but not living with child

Let me try to understand... you have been paying child support for a child that's not biologically yours? It seems like your problem is deeper than your question. You need to contact an attorney that practicies family law. If, in fact, you are not the child's biological father but for some other reason you have an obligation to pay child support (i.e. you adopted the child, etc.), then you may have to continue paying to the person who cares for the child but at this point you may need to look into getting custody of the child yourself. There is too much going on to give you a simple response. Email me at [email protected] and schedule some time to see me.

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Answered on 1/09/06, 11:08 am


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