Legal Question in Family Law in New Jersey
I am a single parent who was divorced several years ago-June2000 and have legal joint custody of my son(only child) with my ex-wife. My wife was assigned primary custodial care by the courts. I paid a lump sum alimony amount that has been paid off. I do provide a weekly child support payment $282 that is still actively on going.
Currently my son (birth date 3/20/89 - 21years old) is attending a 4 year college in WV, and is scheduled to graduate in 05/2011. He attends school on grants, student loans and scholarships. My ex-wife does not provide financial assistance toward my son's college tuition.
As a family, we lived in NJ, and when the divorce was finalized, both myself and ex-wife resided in Hamilton NJ. Thus allowing ease of visiting rights to my son. About 1 year ago, my ex-wife moved to Nashville, TN to pursue a business opportunity. My son now only visits her for short holiday (Christmas, Thanksgiving..)stays when college breaks are available.
During Summer college recess (May 1 - Aug 22- almost 4 months), my son stays with me full time. I am required to provide the food, shelter and clothing with no financial assistance from my ex-wife. I have asked for financial assistance, but she has refused.
Questions:
1. When can I file a motion for "Child Support Emancipation" in state of NJ?
2. Can my son who is of legal age(21 years) decide to not have his Mom have custodial care, and change custodial to me or be declared as an independent?
3. Since my son is "living" with me for close to 4 months during the year, can I file a motion to change the amount of the weekly child support payment?
1 Answer from Attorneys
Yes, you can ask the Court to change the child support. It sounds like you are now the parent who provides the home and food and all other things the young man needs. The sooner you get into Court the better.
Please call my office to make an appointment. This initial consultation for one half hour will be free of charge, and I will let you know what I believe I can do to assist you further.
Robert F. Davies, Esq.,
Phone: 201-820-3459, Hackensack New Jersey.
Let my secretary know you found me through LawGuru.
Disclaimer: This answer is based only on the statements you have made, and may not be accurate. Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
For more information on family law and divorce, see my website: http://www.attorneyrobertdavies.com
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