Legal Question in Family Law in New Jersey
Child Support Question when the child maintains another residence
My daughter will be residing in a rental that she shares with friends while she is in college. All college costs are paid from a college fund that was set up for her. I in my divorce decree was allowed child support payments even though my daughter did not reside with me. I would like to move to California. Would I still be entitled to receive child support payments until she graduates if I move out of State?
2 Answers from Attorneys
Re: Child Support Question when the child maintains another residence
Once a child goes to college, this is a time of "substantial change of circumstance" requiring a fresh look at the child support obligation. Whether or not you are entitled to child support depends on many things, including payments made for the child's education, your needs in connection with the continued support of your child and the relative income of the parents. I cannot give you a good answer without more details as to your particular circumstances. You must keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly could be factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. If you have not retained an attorney, before you take any 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 Law Guru, there will be no charge for your first consultation. Good luck! Rob Gleaner
Re: Child Support Question when the child maintains another residence
I would think that your entitlement to the receipt of child support payments would be dependent to your providing shelter, food and other support during some substantial portion of the year. Confirmation of this opinion by legal research is needed. 800 273 7933