Legal Question in Family Law in New Jersey

I am owed an arrears of child support. The other party now has custody and is threatening to take me for child support unless I agree to drop the arrears, and she will drop any any child support against me. If she denies herself child support could she turn around in the future and have the order changed, and I would have forfeited my arrears for good?

Asked on 10/03/15, 2:50 pm

2 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

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There is case law that indicates that the right to child support is for the child and that the parents cannot waive it. On the other hand, parents do often make deals that do exactly that. And depending on the amount of child support and the amount of your arrears, it is certainly possible that one would cancel the other out. This issue cannot really be determined without a careful calculation and you are best to consult with an attorney before you make any final decisions.

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. You will only be able to rely on advice from an attorney who you have actually retained. Good luck! Rob Gleaner

Answered on 10/03/15, 3:10 pm

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