Legal Question in Family Law in New Jersey

I currently live in NJ and I have a child support order. my sons father and I are still legally married but have been separated for 2 years (due to financial issues and his girlfriend putting her two cents in the divorce). he is currently living with his girlfriend and her young daughter (not his). he has not been paying his child support and has recently filed for a modification to lower payments (he had to pay a small amout to file this mod). he claimed that he has another family to support and he is the sole provider for them so he can not pay his child support amount. I know his girlfriend has a job, is it necessary for me to prove this? I would like him just to be consistant with his payments, I even have the enforcement placed on him but he just wont pay. what can i do?

Asked on 12/17/13, 11:23 am

3 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

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If you hire an attorney like me, I will be asking the Court to make him pay. Put him in jail. Seize his bank account. Garnish his wages. Take his driver's license.

You can ask the Court to do these things too. A lawyer can help to make it happen.

And file for a divorce and get over and done with this gentleman.

Answered on 12/17/13, 11:34 am

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Robert Gleaner Robert A. Gleaner, P.C.

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Unless he has adopted his girlfriend's daughter, he has no legal obligation to pay for her (or for his girlfriend, for that matter). This would not be a legitimate defense to nonpayment of his own child support obligation.

Keep in mind that this answer is given based on the scanty information you have provided. My answer may change based on other information. Further, you cannot rely on this answer since you have not retained me as your attorney. To be sure that you have accurate information and direction, you should consult with an attorney. Good luck. Rob Gleaner

Answered on 12/17/13, 11:34 am

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