Legal Question in Family Law in New Jersey

Disability and Child Support

My medical doctor wants to put me out on disability for a heart problem. I am currently paying $200 a week child support. If I am out of work for 6 weeks, how am I going to pay the child support? Believe it or not, I am resisting getting this heart work done because of the worry about paying child support.How does this work in the state of NJ?


Asked on 9/07/04, 8:08 pm

2 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: Disability and Child Support

You should come for an initial consultation. Your

questions require a complex answer.

Gary Moore, Esquire

Hackensack,New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

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Answered on 9/07/04, 11:46 pm
Alan Albin Alan S. Albin, Attorney at Law

Re: Disability and Child Support

Your first priority needs to be listening to your doctor and getting the medical treatment you need. It is foolish to possibly risk your life by delaying needed heart treatment. [If you doubt your doctor's diagnosis, then you need to get a second opinion as soon as possible.]

Concerning a potential $1200 arrearage in your child support payment, I would recommend sending a certified letter to your spouse/spouse's attorney explaining the situation and why you will be unable to pay the child support.

You may also have to file a Motion with the court in which the child support order was entered, in which you explain the circumstances and request that the child support arrearage be waived.

The "worst case scenario" under the facts you have presented would seem to be that the judge may have you re-pay the arrearage by increasing the child support by a modest amount, to occur starting when you have gone back to work.

Because the disability is temporary, it is unlikely that you would be able to obtain a permanent modification downward in the child support obligation.

I strongly suggest that you have a detailed consultation with an attorney to review all the relevant facts and to fully explore your legal rights, obligations, and options.

If you wish to consult with me about the possibility of retaining my services, please contact me at:

[email protected]

973-605-8995

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Answered on 9/08/04, 8:29 am


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