Legal Question in Family Law in New Jersey

my question my daughter at the age 19 years old she had two kids lived on her own ,from ages 18 to 22 she supposely went to community college in that time frame maybe a year.they are still garnishing my check for child support Ijust file a motion to stop this.I believe her file false documents about the school to contiune to recieve child support payment.Also my daughter became a parent collecting welfare doing that time the child support agency say her mother could not prove my daughter going to school.I would like to know do her mother have to pay me back


Asked on 1/25/10, 11:06 am

1 Answer from Attorneys

David Garnes Law Offices of David T. Garnes, LLC

WWW.GARNESLAW.COM

You should file a Motion for Emancipation of your daughter. There are a number of factors that would warrant her emancipation. First, the fact that your daughter has had two children might entitle you to have her emancipated (thus ending your child support obligation). Also, if you can prove that she is not in school (you should consider subpoening the community college to get her class transcripts), then you have an additional basis to get her emancipated. Also, if you can prove that your daughter's Mother filed false documents or otherwise misrepresented to the Court, then you could file a motion for sanctions to be awarded to you in the form of attorney's fees.

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Answered on 2/02/10, 8:35 am


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