NJ child support laws
Unfair child support in NJ
Currently, in NJ, the child support laws are unfair to parents living out of state and favors the parent living there. As an active duty soldier, my daughter's mother would file for higher child support knowing that I was either stationed overseas or deployed and would not be able to make it to court on the specified date in the notification sent to a US address. I have been ordered to pay 515 if my 20 yr old annual college tuition which is more than what I make annually, plus a stipend and any other expenses sub as lab fees and the child support has been raised to almost $600. The courts never took in consideration that I don't know where my child was living, that I also have three younger children who I currently pay child support for and even the attorney that I eventually hired by taking out a loan either was unable to explain it or didn't care as I was not present. I have been medically retired and will not be able to pay all these costs but again, I am being told by the same attorney, that this may still not change my court ordered obligation. A law needs to be passed to help people in my situation with these outrageous court ordered payments.
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Public Comments (1)
Sep 4th, 2015Someone from Waldorf, MD writes:
The State of New Jersey currently does not have a cut off date for emancipation. Although, 18 is listed as their age of emancipation the adult child's age for continuing to get child support could continue until their late twenties or beyond. Furthermore, out of state residence are not informed during proceedings that child support does not end when NJ children turn 18 years of age. They're also not informed their state does not have a date of emancipation. NJ parents receiving child support have been known to continue getting support well into their child's 25 birthday. This support continues even when the receiving parent has not provided proof the child is attending college full time. Out of State divorce decrees are treated differently than in State divorce degrees. For example: NJ child support orders are required to be merged into the final Judgments of Divorce if that divorce was pending at the time the Child Support order was filed. Pending out of state Judgments of Divorce are treated as separate orders even though it is considered a binding contract by most States. The 14th Amendment of the Constitution grants Equal Protection under the law. Why are out of Divorce decrees treated differently than in State divorce decrees? NJ would not continue child support based on a stand alone child support order if a NJ divorce decree stated otherwise. The child support order would have to state what it was modifying in the divorce degree to change it. NJ not only may be violating the equal protection clause but the full faith and credit clause as well. The US Supreme Court has always recognized divorce degree under the clause. In order to get stand alone child support orders recognized congress had to pass various laws. Did congress truly wish stand alone child support orders to override divorce decrees (binding contracts) recognized by the US Constitution and US Supreme Court? Federal laws must be passed to ensure States are within the guidelines of the Constitution and Supreme Court rulings. Thanks!