Legal Question in Family Law in New Jersey
Modification child support
If a man is paying child support for a child who is over 21, no longer living in NJ, nor with biological mother, infact hasn't for over 2 years, the child has lived with her brother or non cusotdial parents family. Can he modify child support order to have not to pay any longer? Also does the custodial parent (although the child is 21) have a right to fight this.
2 Answers from Attorneys
Re: Modification child support
Yes and Yes.
You should call me.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
www.garymooreattorneyatlaw.com
Re: Modification child support
The answer really depends upon the circumstances surrounding the child living with relatives and not his/her mother. If is has graduated from high school and is not a full time college student, the Court can declare him emancipated and terminate the child support. If he is in college full time and living with relatives, there is a strong argument that there is no need for child support to be paid the the mother. Child support should have been modified upon the child turning 18 and graduating from high school. The Guidelines do not apply to him/her. If you would like to further discuss this matter, please feel free to contact my secretary, Debbie, at 856=795-6700 to schedule a consultation.
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