Legal Question in Family Law in New Jersey

I received custody of my son in my divorce. He is now 19 and attending college full time. In July my son asked if he could go stay at his father's house for the Summer and I agreed. At the beginning of September, his father stopped paying child support with no word, no warning. He would not take my calls. When I finally got a response from him via e-mail he said that he will not pay another penny as my son was now living with him. I am still supporting my son, he uses my address for his school records, I can't get him off my automobile insurance without proof that he is insured elsewhere and my ex-husband has stopped all communication with me. Is he allowed to just stop child support with no notice like this? This was supposed to be a temporary visit.

Asked on 10/21/09, 10:46 am

2 Answers from Attorneys

Jennifer Marshall Jennifer L Marshall

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If the visit was just temporary and you are the primary residential parent who is to have your son living with you, then no he cannot just stop paying and the son should be back in your home by now. Inorder to get him to pay again it looks like you are going to have to get the Court to enforce it. Of course, there may be some litigation if your ex wishes to have custody of your son, so having an attorney is advised. Feel free to call me to discuss 732-247-3340.

Answered on 10/26/09, 11:09 am

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