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JPEsq.
JPEsq., Lawyer
Category: Family Law
Satisfied Customers: 5106
Experience:  Published articles on family law, featured in several publications for successful trial work.
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Im so tired of fighting with my sons father over what our

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I'm so tired of fighting with my son's father over what our 8 year old needs and what he's not going to help provide for him that I am considering removing him from child support all together. I'm not refusing his father visitation whatsoever I just can't be bothered to force a grown man to take care of his son financially. He stopped paying child support because of an overpayment and because he switched jobs and didn't tell them. So I filed for a motion for an increase and now I've decided I don't want to do this anymore. He said he can't afford to help pay for our son's school uniform and now I was served with papers from a lawyer for an adjournment on a court date coming up. Can I just remove the him from the Child Support System in the stat of NJ after I filed for a motion for an increase and without any negative impact on my son?

You can do an agreed order to terminate child support all together. Although, I am not sure why you would want to do that... if you don't want to enforce it, just don't bother enforcing it. The Order is still in effect, and it will still accrue, but if he doesn't pay it, that is his issue, not yours.

 

If you want to terminate though just to have the issue out of your life, I would have his lawyer (he should pay for this, not you) draw up an agreed order terminating child support.

 

As to whether this will negatively impact your son... only financially. It won't have any effect on custody or visitation.

Customer: replied 4 years ago.


So I can reach out to his lawyer and have them draw up the papers for terminating the order and he should have to pay for this? I just don't want to reach out to his lawyer and get any kind of negative responses or attitudes for wanting to terminate the support order.

Yeah, if this is what you want to do, I would talk to the father... just tell him you want to drop support all together. And tell him to have his lawyer draw it up. This is a benefit to him, not you, he should do all the work.
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