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Meigs
Meigs, Family Law Attorney
Category: Family Law
Satisfied Customers: 1346
Experience:  I am well equipped to handle any family law problem you might have.
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I live in N.J. and I just bought a house in Summerland, NV.My

Customer Question

I live in N.J. and I just bought a house in Summerland, NV.My ex says he will not sign consent letter for my 17 yr old to move with me unless I sign a document that we had an agreement that he would give me $45, less a week. That was supposed to be for 3-5 weeks and he continues to this day. That was Jan.2007. Feels like "coercion-extortion" to me. I don't know the law but, I don't think I can legally sign away my sons court ordered support $'s, and I flatly said NO! My son wants to move as I was extremal careful about the homes I looked at (schools had to be a 9-10) and they even have a Jr College program in which students can finish up there junior year and senior year, while taking collage courses. He's been "bullied" to the point of self mutilation here at Toms River South and he very much wants to move with me. EVERYONE asks me WHY I never put him through probation as my my "liberal" # XXXXX owes me is $10,500.00, I've had some personal issues and he always threatened me that he'd take my son away if I rock the boat. My mother has arthritis in both hips and feet and I have 11 damaged dicks that don't do well in the N.J. winter climate. My son is a BIG BOY and has told his father in no UN certain terms that he wants to live with me and my mother, NOT HIS FATHER AND STEP MOTHER. In N.J. how old does a child have to be before I can take him out of state with out fathers consent? Also this man runs a large car dealership and his wife also works 60+ hrs a week. I am on disability and grandmother is retired. Tomorrow I am going to probation and then filing a motion to get my son"s money back, as I take care of 3 persons on $14,000 a year and he makes $120,000.00 or more, not including the new wife, $60,000. I also found that he is supporting his parents in a UPSCALE retirement community in Laguna Hills CA but not paying for his son the amount listed in divorce. Obviously I can not afford a family law attorney, so any help or info would be greatly appreciated.
Submitted: 5 years ago.
Category: Family Law
Expert:  Meigs replied 5 years ago.

meigs004 :

Hello I can definitely help you with this question.

meigs004 :

Allow me to read your facts closely so that I may better assist you. While I do that, please read my standard blurb about accepting answers here on JA.

meigs004 :

If at anytime you feel that I have adequately provided you with an answer to your question, then if you would please click the accept button so that I may be compensated for my work that would be very much appreciated. Also, bonuses are optional, and are certainly not required, but very much appreciated. Remember, clicking the accept button does not prevent you from asking further questions on this post, and will not preclude me from continuing to answer your questions and provide you with research.


 

meigs004 :

You are absolutely correct that you were under duress when you signed that document. He coerced you and threatened you into signing a document, that is invalid in the first place. If he wanted to modify the child support, he would have had to file what is known as a petition to modify with the court.

meigs004 :

Here is what you can do.

meigs004 :

Give me one minute to type it out for you.

Customer:

OK, I'd like to hear what you have to say, also I left out and my son and mother and even my ex's oldest son (33) say's he's a "no-show-dad", it was written in the divorce 2002, that his father was to have him every other weekend from 6:30 Fri.- 6:30 Sun., that has happened in 10 years MAYBE 12-15 times! Both my son's, step and biological have issues with his lack of "parenting" if you even call it that.

meigs004 :

You need to file a petition with the court for back child support. This is a petition that will allow you to describe your situation to the court, and to seek to have the money reimbursed. The court will consider all the facts you put in the petition and decide whether or not to reimburse the arrears. Your ex will have a chance to respond, but will be unable to produce any credible evidence stating that he was entitled to pay less child support. The document he had you sign is not a binding document and the only way for him to have child support reduced is to file a petition to modify the current child support order, and for that court to enter it in.

meigs004 :

Also, you can petition the court to move out of state. The court will allow your child to testify at a hearing set on this matter, and the court will see what is going on. They will then decide what is in the best interest of your child, to stay in the current environment or to allow you to move.

Customer:

You miss understood I DID NOT SIGN ANYTHING, thats what got me so angry feels like extortion to me, buy, NO I signed nothing and the "verbal agreement was to b for 3-5 weeks, and it just never went back up.

meigs004 :

Oh ok. Even better! Then he has absolutely no backing for paying you less child support.

meigs004 :

You should still take the measures that I listed above. You have a really good chance of getting the money back and allowing your son to move with you.

Customer:

Let me ask you , how much of this becomes public domain? between you and I

meigs004 :

But you will have to petition the court before any move, and it will have to be heard by a judge. The judge will give his testimony alot of weight considering his age and relationship with you.

meigs004 :

Nothing becomes open to the public. It is able to viewed by you and I and other experts but not other customers.

meigs004 :

It is certainly not published.

meigs004 :

If you review the terms and policies it will advise you accordingly.

Customer:

AS part of this hearing he's always threatened me with my "past-Issues"- I attend a "12-Step program" and have have my fare share of problems related to this, this is why I have not acted sooner, for fear that that would come up in court and poof good bye son.

meigs004 :

I can tell you that an attorney trying to put evidence of that nature in, will have to have a good reason for it. Also, your attorney will have an opportunity to object to the introduction of evidence like that.

Customer:

It never interfered with my parenting and at one time when I had breast cancer thats when my mother moved in, not due to "that" but due to my weakness and it was then my ex calll pleading poverty and begged me to let him out of the last year of allomoney, Dumb-ass I said yes as I was in no condition to fight and 2 months later he bought a condo with then girlfriend. But still no overnight visits or weekends. So not to keep you here, whats your take on this?

meigs004 :

It just sounds like your ex is a manipulative and coercive individual. That is why I would advise you to take him to the ringers by filing the above mentioned petitions with the court, and get your money back and take your son to NV.

meigs004 :

If I have answered your questions to your satisfaction if you would please press the accept button so that I may be compensated that would be great!

meigs004 :

This will not prevent you from asking further questions on this post?

meigs004 :

im sorry, i meant this will not prevent you from asking further questions on this post. not a ?

Customer:

Of course acccept, just wanted to tke some notes and say Thank-You.

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