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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 22713
Experience:  Attorney with 14 years experience
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Although I care about my stepson he is 19 and taking care of

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Although I care about my stepson he is 19 and taking care of the bills while living w/mom and 23 yr old half sister. My husband is forced to pay child support when there is nothing in the court order of payment that states that support should continue until emancipated. I have an 8 yr son and I am not healthy enough to work of late and rely on a single income of 45,000/yr in which over $900/mos is paid for health ins. and when my husband can't work overtime or not at all the child support comes out first which leave me with barely enough for groceries. I am at a point of divorce and can't take the fact that my child is left out when my stepson is going to college and his mother is not made to take more responsiblity. The woman is an alcoholic LPN nurse who's only problem is the long existing drinking problem which is her constant excuse not to work.
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.
Hello,
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Thank you for using JA. I have read your comments above.
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What is your legal question so I can help?
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Thanks.

Barrister

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Customer: replied 1 year ago.


Why don't I have any way of getting the child support stopped so that the money is available for my son. When my husband told a court officer that he had another child to care for and that is why he wanted support stopped for his 18 yr old. The response was that he should have thought about the expense before he had another child. This tells me that that they condemed my child even though he was a product of marriage. My husbands other child is an illigitimate the second for the ex-girlfriend. I want to know why I am not given more consideration for my son since I am married to his father and there was never a marriage between my husband and the other childs mother. The other issue is that I live in Middlesex County and the other child lives in Ocean County.

Expert:  Barrister replied 1 year ago.
Well, unfortunately, this is between husband and ex wife. As his current wife, you would have no legal standing to object to the support since you are not a party to the case. Child support doesn't end only if the child reaches 18 and graduates high school. Most child support Order continue child support if the child is in college full time.
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But husband could still file a motion to reduce or modify the support based on him having another child that he has to support and the fact that the mother may be voluntarily unemployed. Although it wouldn't result in the support being terminated, it could lower it.
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Thanks.

Barrister

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▼ RATING REQUIRED! Please don't forget to rate my service "OK" or higher. It is only then that I receive credit for my work.

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If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

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I am trying to help you understand and resolve your situation but I don't make the laws, so the outcome may not be what you had hoped for.

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Please be patient as I am typically working with several customers at any given time.

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I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.

First, my husband was never married to the other person and there was never a divorce. I was led to believe (by a mother who had the term emancipated placed into her child support order) that only when the term "until emancipated" was stated on the support order it was required of the father to continue support. Does the latter term mean nothing in reality? If I can't afford to send my child to college as a married parent the government can't force me to pay for that child yet if I'm divorced they can. I see something wrong with this logic. The way I see it Is that NJ must be the only state that rewards non-married woman who have illigitimate children because the money is going to the mother and not the child.

Expert:  Barrister replied 1 year ago.
Ok, whether they were married or not, if he was determined to be the biological father of the child, he is obligated to support him according to the terms of any support order. So it would depend entirely on what the support order said in it as to how long husband had to support son. If it said he has to pay until son gets out of college, then that fixes the stopping point unless husband filed to terminate it early and the child was determined to be emancipated.
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And no, NJ is far from the only state that does this. I would agree that it seems inherently unfair for a parent to be ordered by a court to support a child after that child reached adulthood. Presumably, when someone turns 18, they are legally and physically able to take care of themselves and I also disagree with support lasting after that. Unfortunately in the paternalistic society we have now, the lawmakers disagree and keep extending the amount of time a parent has to legally take care of a child. While it used to be a privilege and a gift to have a parent support you while you were in college, now it is becoming more of a right...
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Thanks.

Barrister

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▼ RATING REQUIRED! Please don't forget to rate my service "OK" or higher. It is only then that I receive credit for my work.

.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

.

I am trying to help you understand and resolve your situation but I don't make the laws, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time.

.

I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.

I appreciate your answer but I am still asking about the order itself. The only statement on the court order of child support is the decription for amount to be paid and nothing else. There is nothing on the paperwork indicating duration of support. This is why I asked my question since what I have read regarding how the system works. All things equal termination of support should have acured upon reaching the age of 18 yet each time my husband has gone to court they state that he is required to continue merely on the basis that child may or maynot be attending school and even then he was told that the child could have a lapse in time of up to 6mos to determine when the child was ready to attend. Are there documents that I can prepare on my husbands behalf to file in the courts to request a reduction or discontinuance of the support or must these forms be submitted by an attorney?

Expert:  Barrister replied 1 year ago.
This is the default in NJ for support: "In New Jersey, this duty continues until the children are emancipated or until a court orders otherwise. If one parent seeks to terminate their child support obligation and there is a court order in place for child support, that parent must file a petition with the court seeking to terminate that obligation. Until that is done, both parents are obligated to support their child/ren based upon their income, ability to earn income and assets.
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The premise of the guidelines is that (1) Child support is a continuous duty of both parents, (2) Children are entitled to share in the current income of both parents, and (3) Children should not be the economic victims of divorce or out-of-wedlock birth." N.J. Court Rules Appendix IX.
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So the default is until "emancipation" which is generally until 21 or graduation from college, whichever is sooner. But there is no fixed age in New Jersey when support stops. Once the child turns 18 and becomes financially independent, the father would have to file papers with the court asking that the order be terminated or adjusted.
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And yes, you could assist husband with filing a "motion to modify child support". It is not mandatory to have an attorney file it. This is a link to instructions and a forms packet that could be used to file:
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http://www.judiciary.state.nj.us/prose/10483_post_jdg_kit.pdf
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Thanks.

Barrister

.

▼ RATING REQUIRED! Please don't forget to rate my service "OK" or higher. It is only then that I receive credit for my work.

.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

.

I am trying to help you understand and resolve your situation but I don't make the laws, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time.

.

I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Barrister, Lawyer
Category: Family Law
Satisfied Customers: 22713
Experience: Attorney with 14 years experience
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