Legal Question in Family Law in New York

How do i file for child support in NJ when estranged husband resides in NY and n

I am a 46 yr old female, my son is 15 and orthopedically impaired and has a colostomy. My husband and I separated 12 years ago. I have since bought a home on my own and have raised my son alone with the help of SSI funds. My husband has barely sent any money and has seen my son maybe 3 times a year. He never has a job or any money. My husband resides in NY and I heard now has a job. Can I file for child support for the 12 years. Which laws do I follow since I reside in NJ and he resides in NY? Can I do this on my own? Please advise where I can start? I feel my son and I deserve something. We have struggled and have come far. In NY, were were on Welfare and did not have much. I finally have a life with my son and a great future ahead. My son is a straight A student in school (he attends regular school) and I work for the Board of Ed here in NJ. I never pursued this because my ex is an alcoholic and rarely worked steadily. I hear he works now and have his address. Where do I go from here?


Asked on 5/20/04, 12:46 pm

2 Answers from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: How do i file for child support in NJ when estranged husband resides in NY a

If you don't have a divorce, (you said "SEPARATED"

twelve years ago," GET ONE! Since, it is unlikely, now tha you have assets, that it will be simple or uncontested, you NEED to see and retain an Attorney.

You cannot petition for child support "arrears" (ie., the prior 12 years), "arrear" not due and owing per a COURT ORDER for Support.

You may file a Child Support Petition, (current) on your own, at the Family Court in your County, even if the father resides elsewhere.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

Read more
Answered on 5/22/04, 2:34 pm
Gary Moore Gary Moore Attorney At Law

Re: How do i file for child support in NJ when estranged husband resides in NY a

You can go to the county court house in the county in which you reside and file a complaint for child support which will be sent to your husband in New York State.

You must provide income information at some point so find a copy of your last tax return and your last paystub.

You do not have to have a lawyer.

Gary Moore, Esquire

Hackensack, New Jersey

Read more
Answered on 5/20/04, 1:04 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York