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Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience:  Practicing Attorney for over 15 years
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i have a child support issue where my doughters mom just called

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i have a child support issue where my doughters mom just called me up when she was 15 1/2 years old and told me to take her she could not handle her!! so i did ,i fied a motion for custody and was denied before i could even speak , my girl at her age said ifi have to go back to mom "i will kill my self" i took ovr all the responsabiltys of raising her ,she is now 23 years old and just this month moved out to share an apt with a co-worker she has earned a cosmotology lic. and this past year is now a lic. massage theripestin n.j her Mom is taking me to court for arreareges $18,883.00 when i was denied custody i left it alone ,cause to prove her unfit and sfhe truly was would mean the possability of my girl put in foster care, i could not take that chance so `i was arressted quiet often and forced to pay money to be released,but my girl was allowed a peaceful teenage life and has done well i'm very proud of her ! Now 5 years after her 18th birthday i had to appear in court in frontof a hearing officer at that time i had filed a motion seeking to modify the order and obtain credit ,just reversal of the amount due her and call it even , they would not hear testamonay from my now adult 23 year old as to where she lived,with me that was! her mom paid nothing toward her support never even visited her, and continues to lie to the court that she abandoned her to me , she used the system to allow arrears to accrue, is it not her responsabilty to report any chang in custody to the court,at last hearing the hearing officer saidi will not address any other issue except to stop enforcement by probation and turned it into a lien aganist me . should she have allowed my Doughter to testify asto what really was going on? and how should i approach this?
Submitted: 1 year ago.
Category: Family Law
Expert:  Daniel Solutions replied 1 year ago.

Hello,

Sometimes there may be a delay in receiving a reply from me as I work on creating the best solution to the question you have presented.

I want to tell you that I am very sorry to hear about this problem but glad to see you were able to raise your daughter into a functioning well adjusted adult.

Your question seems to focus primarily upon whether the judge was proper in not allowing your daughter to testify and what are your next steps.

Legally the judge did not have to allow your daughter to testify because the issue of child support arrears can not be adjusted retroactively since you were denied custody of your daughter. I know this may not make sense to you and personally I do NOT agree with the law but unless you obtained a modification of custody order, then you would be legally liable for the arrears. Please try to remember that I am only the messenger and this does NOT represent my personal view when rating my answer.

As far as what you can do at this point it is very very limited. Your time to appeal the denial of custody has passed and since you did not go back to court after the first denial of custody you are stuck with an old court order with arrears. Your best option is to seek a retroactive modification of only the child support arrears after your daughter became emancipated. This will not remove all of the arrears but can have a significant impact in the total amount owed.

New Jersey has an "anti-retroactive" child support modification statute. The
anti-retroactive child support modification statute bars the retroactive
modification of permanent child support arrears. However, the statute does not
bar the retroactive modification/reduction of child support arrears that accrue
after the child's emancipation.

Hang in there and I wish you and your daughter the best.

Dan

Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience: Practicing Attorney for over 15 years
Daniel Solutions and 4 other Family Law Specialists are ready to help you

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