Legal Question in Family Law in New Jersey
Payin support after child emancipated
I found out from the local probation dept that my child was no longer a full time student and filed a motion for emancipation. The probation dept is withholding all payments to my exwife pending the decision. Since the filing of the motion I discovered with the help of my youger daughter from a second marriage on myspace.com that my 21 1/2 year old daughter had left school to 'find herself'. My ex wife moved to Arizona without my prior knowledge 8 years ago. Since then all efforts to contact my daughter by phone were unsuccessful as none of my phone calls were ever returned. I am still having my salary garnished awaiting a May 12, 2006 courtdate. By the way, the website, myspace.com which is in my daughters own words indicates that her college attendance stopped in 2003. Is my exwife responsible for all the payments I made to her while the child was emancipated(She is working full time at Barnes & Noble)? Did collecting monies from me while the child was working full time constitute fraud against me for which she can be held responsible or am I going to be called negligent for not knowing my daughters situation until just6 recently? I am reallly confused. Thank you for your time.
1 Answer from Attorneys
Re: Payin support after child emancipated
If your wife and daughter concealed that she was not in school for the past three years I would think that the Court may try to right a wrong, but I doubt that you raised this question in your pending motion. The court only considers questions raised by the parties.
Hire an attorney.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com