Legal Question in Family Law in New Jersey
Support
I have 2 daughters 20 & 15. I recently found out that neither one of them are living with their mom. I don't know when this started but tomorrow I am going to probation because I am in arrears. Their mom has obviously been keeping the money. My oldest isn't in college and should be emancipated off. How do I handle this tomorrow? Should I retain an Attorney to handle this? I know tomorrow I will have to go alone but is there any advice from you what I should say to the mediator? I look forward to your response. Thank you
2 Answers from Attorneys
Re: Support
It seems like you already know what to do, at least for tommorow. The problem is, I don't see the mediator doing much about it since they are not a Judge. Since neither daughter lives with the Mother, you shouldn't have to pay her anything. However, a court order is a court order and you should get an attorney to work this out for you. Your 20 year old should be emancipated and it'll be up the to gaurdian of the 15 year old to establish a new child support order with you for her.
I suggest you just tell the mediator that you will get an attorney to rectify the situation ASAP. Then see an attorney the same day to get things moving.
Feel free to call me if you have any other questions.
Jef Henninger, Esq.
732/247/3340
State wide family practice
Re: Support
The children are not in the mother's physical custody and appear to be emancipated and on their
own and it would appear that this situation is not at all new and that whatever arrears is technically owed should be erased once you have filed a motion to terminate child support and to terminate child support retroactively.
Presently you should only be required to pay
on the arrears until your motion is filed with the Court and a decision is made.
If the mediator does not see it your way you should ask to be sent to a judge and you should ask the judge for the same relief.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
