Legal Question in Family Law in New Jersey

Paying Child Support in The Case of a So-Called College Student

My husband has a child from a previous relationship and pays child support for it. The mother of the child took my husband to court two years ago to order a continuance under circumstances claiming that he was going to college.. She showed up at court w/an admission paper from the school and the judge ordered child support continue. My husband suspected something fishy as he never believed this was his child anyway.

Yesterday, as he took my son to basketball practice, he ran into the child who introduced himself to my husband (my husband never met him...again, he does not believe this is his son) This 20 yr old asks my husband for money and my husband asked him if he was in school. He said that he is not and has not been for two years.

What gives? Don't fathers have any rights? My husband and I have five children together. I have been out of a job for two years and actively looking. We struggle; as the mother of this 20 year old continues to try and bamboozle my husband. Is my husband entitled to the money back according to the law? Can we get this stopped immediately? as I have a feeling it will take months for my husband to get a court date.


Asked on 4/08/09, 11:33 am

4 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: Paying Child Support in The Case of a So-Called College Student

It seems to me that your husband should have established, in a timely fashion, some 20 years ago, whether the child is his. Once he did not do that, he became obligated to support the child. Then, two years ago, he should have gotten independent confirmation that the child was in college. Then, he should have kept informed as to the child's progress. Quite frankly, it is shocking that your husband never took the opportunity, over a 20 year period, to even meet the child. If he was "bamboozled" that is only because he allowed himself to be bamboozled.

That being said, he certainly has rights if he wants to assert them. If he lays back and does nothing, he will be bamboozled. He needs to file a Motion, certifying the conversation he has had with his son, and asking for the child support to stop and he can also ask for a refund, arguing that the mother was not candid and/or did not keep him informed. It will then be up to the Judge to decide.

Keep in mind that this advice is based purely on the little bit ofinformation that you have given to me. There certainly may be other facts that would change my opinion. And, no one can rely on the opinion of an attorney who has not been retained. Before you do anything, you should consult with a Family Law attorney. Good luck! Rob Gleaner

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Answered on 4/08/09, 11:43 am
Gary Moore Gary Moore Attorney At Law

Re: Paying Child Support in The Case of a So-Called College Student

Twenty-four days notice must be given to the Court and the other party to seek relief from the Family Part.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 4/08/09, 12:28 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Paying Child Support in The Case of a So-Called College Student

This is why I tell people to get an attorney. If he had an attorney in the first place, he would have been able to resolve this issue. Now I suggest he get one to get back all of the money he paid when the child should have been emancipated.

Call me at 732/247/3340 to discuss.

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Answered on 4/08/09, 1:19 pm
David Garnes Law Offices of David T. Garnes, LLC

Re: Paying Child Support in The Case of a So-Called College Student

www.garneslaw.com

If you can prove that the child is not enrolled in college then you can get the child support stopped. You need to retain an attorney to help you obtain enrollment records from the college. If you can get confirmation from the school that the student is not enrolled, then you can get the child support stopped. Once you get confirmation that the child is not enrolled in school, then you will have to file a motion with the court to terminate child support and to have the child deemed an emancipated adult.

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Answered on 4/09/09, 9:50 am


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