Legal Question in Family Law in New Jersey
how do i end this
Hello ! My name is--name removed-- i have been paying my child support as per my divorce agreement . about a year ago there was a misundertsanding with the reading of my agreement . my son graduated in jan of 03 so as per the ageement i believed it to be over so i did not pay for a few months then was told its is not over until he finishes collage . My son is no longer reg in any school sysytem and living at home with his mother. He works a full time job and pays his mother board. he will be 20 yrs old this year. My ? is how do i stop this i feel its not correct to continue to pay his mother any longer..they garnish 100.00 from my pay check every week . I hav etried to ask questions and all i have heard from they warren county ofice i sthat she must enter a stop oder which she refuses to do ...
I thank you for your time an dhope that my question is read and that i recieve a clear path to correct this problem ...
Thank you ,
JOHN
3 Answers from Attorneys
Ending child support payments
Post high school, child support is calculated based on the actual needs of the child, as opposed to a calculation pursuant to the child support guidelines. Contributions by the (part-time) working child also play into the equation. This applies only to the unemancipated child. On its face, it is unclear as to whether your child is truly emancipated. And if not emancipated, it is difficult to figure out how much, if any, would be due and owing due to part time working status and the location of where he is living. On the other hand, I can see your argument that the child is truly emancipated. A clearer factual picture needs to be painted to clarify the issues. And in any case, you will need to file a Motion to get relief from the current child support Order or to negate it in its entirety. 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 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. If you call me, [856-546-8010] mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner
Re: how do i end this
you should apply to the court to determine whether or not he is legally emancipated. until you file you cannot get retroactive relief. call me at 516 466 Laws to discuss
Re: how do i end this
NY requires that child support continues until age 21 years, unless emancipated prior to that time. You as the non custodial parent are unlikely to prevail in petitioning to have your child declared emancipated prior to that time, since he does not reside with you.
JUST ANOTHER YEAR, HOLD ON.
GOOD LUCK,
PHROSKA L. MCALISTER,ESQ
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