Legal Question in Family Law in New Jersey
Are filing for reduction or stopping of child support motions mandatory?
My ex husband over a year ago stopped paying child support on 1 child and now sent a threatening letter telling me he is going to terminate child support payments on my 2nd child. Was he allowed to do this with out filing a motion with the court? Can he just stop paying on my second child? And would he have to pay back support for the time he did not file? Thank you
2 Answers from Attorneys
Re: Are filing for reduction or stopping of child support motions mandatory?
Thank you for your inquiry.
YOur ex-husband cannot unilaterally terminate child support without a Court Order permitting him to do so. Moreover, if we were to file a motion against your "ex" in order to enforce your litigant's rights, we would seek counsel fees as well.
As it would be my pleasure to speak to you regarding your situation, please feel free to contact my office at 732 246 0909 to discuss same.
Very truly yours,
Edward R. Weinstein
214 Highway 18
East Brunswick, NJ 08816
Phone: 732-246-0909
Fax: 732-246-2888
E-mail: [email protected]
Web Page: www.edwardweinstein.com
Re: Are filing for reduction or stopping of child support motions mandatory?
A child support order is effective until it is cancelled by another order. You husband owes, under the order, for whatever payments he has failed to make during its effective period. To cancell a child support order your husband was required to file a request for same with the court called a "motion" and to serve you with a copy of the motion so that you could oppose same. Since you are not aware of any such motion the child support order covering your two children is either still effective or has been improperly cancelled without notice to you which would entitle you to have it reinstated. You may ask additional questions by calling me at 800 273 7933. You may learn about me as a lawyer by clicking on www.garymooreattorneyatlaw.abn1.net/home.asp.