Legal Question in Family Law in New Jersey
paid child support in cash
Son is 10 yrs. old. We were never married but lived together for awhile. Paid child support in cash for many years until I learned that it would be wiser to pay by check which I've done for the past 2 years. Also provided health insurance for my son for the past 8 yrs. Just received a notice to go to court for back child support. She knows she was paid but I guess she figures she can win since I paid in cash and have no actual proof of payment. What do I do?
3 Answers from Attorneys
Re: paid child support in cash
It is not that great a problem. I feel that you have left some information out such as whether for the past eight years there has or has not been an active child support order.
Give me a call if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: paid child support in cash
If all payments were voluntary and not required by Court Order, this is not a problem because a Court is not supposed to make retroactive child support orders. In other words, she would only be entitled to have her child support awarded retroactive to the date of the application. Assuming that this is a new application, the Court will look at current information (your income, her income, cost of child care, cost of health insurance, split of parenting time, etc.), and make a fair determination of the amount of child support.
Keep in mind that this advice is given based on the little bit of information that you have
provided in your question. My advice may change based on other information. Further, no one
can rely on advice from an attorney who has not been retained. You cannot rely on this advice
because we have not personally met and you have not retained me as an attorney. If you have not
already done so, you should immediately meet with an attorney for a full consultation before you
take any further steps. You may feel free to call me to discuss this matter in more detail. If you
do so, mention Law Guru and your first one hour of time will be free. Good luck! Rob Gleaner
Re: paid child support in cash
I would suggest at least meeting with an attorney in person to discuss your case. As Mr. Moore indicated, there is some important information that you left out that could swing your case either way. I'd like to discuss that with you and then give you a better answer.
My initial consultations are always free, so call me at 732/247/3340.