Legal Question in Family Law in New Jersey
Can we erceive child support?
My husband was given PRC by his ex-wife in 1996... after we agreed to continue to give her $ every month (we were told she was planning to leave the state w/the child and would have agreed to anything). We then found out that legally he was not obligated to pay her any money since their divorce agreement states that she would only receive child support if she retained PRC. We informed her of such and said that if she had a problem with this she should take us to court.
It has been almost 5 years and we have received no financial assistance from her (we could use it) - and have let her change the visitation in the original agreement.
Is my husband entitled to child support? And, what should he do? His ex is talking about the child moving back in w/her - there is nothing in the papers that states this would take place? We're lost....
1 Answer from Attorneys
Re: Child support obligation
The ex has the obligation to pay child support. Once the child's residence changed, you should have gone back to Court to get her to pay support, if you could not come to an amicable agreement. On its face, I can see no reason why you should not press this issue. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There 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, before you take any further 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 LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner
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