Legal Question in Family Law in New Jersey

Re: Disagreement over child's time 11 yrs. after divorce

Your situation is in many ways typical. Visitation is probably better negotiated and agreed to; I think a decent divorce attorney could guide you in this. Every weekend at his father's is probably too much.

As to your son's activities, in the typical situation, if you have custody then you decide. This will depend on what the divorce judgment and the divorce settlement agreement say.

Child support should not be allowed to stay unchanged. First, your attorney should ask for information to find out his income, and give you some guidance. Then, if your ex will not agree to a correct and reasonable amount, you go back to court.

I see that you are in Sussex, not too far away.

If you would like, give me a call to set up an appointment; I am in northern New Jersey. 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.

Re: Disagreement over child's time 11 yrs. after divorce

You have many issues here and quite frankly, it is not surprising that these issues have developed after all of these years. There are two basic principals - one is that a Court will revisit matters when there is a "substantial change of circumstance" and the other is that all matters will be determined "in the best interest of the child".

It appears to me that there are substantial changes here, including but not limited to remarriage, other children, changes in schedules, desires of a child as he gets older and changes in the child's schedule, and a very substantial lapse of time. All of these factors indicate to me that issues should be revisited.

I would suggest that you make a list of all of the issues, your suggestions for changes and or modifications and approach your ex to attempt to discuss the changes amicably. You may even want to suggest mediation. If he is not willing to amicably discuss matters, then you would have no choice but to obtain the services of a Family Law attorney.

Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact a Family Law attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. Good luck! Rob Gleaner

Re: Disagreement over child's time 11 yrs. after divorce

You might be able to get some adjustment in the drop off and pick up arrangement. You are entitled to know what he is earning now, including last years tax return and his last three paystubs so that you can either negotiate or work out an adjustment in the amount of child support he pays.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com