Morristown Divorce / Separation Lawyer.
You say you have a custody hearing in April. Is there an order in place now awarding you temporary residential custody? If so, she will not be able to just take him back to Philly. If not, I would bring it to the attention of the judge before whom you are to appear so that there is not issue. At 17 a court is generally going to give his preference some weight. Moreover, if he is established in a school system, the court is not likely to move him in the middle of the school year,...
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If there is warrant for your arrest issued for filing to pay child support you could be arrested. I suggest that you contact the Probation Department or court to see if a warrant has been issued and make arrangements to make some payment. This answer does not constitute legal advice and does not and is not intended to create an attorney-client relationship. The law may vary depending on the state in which you reside. This answer is merely intended to give the questioner some direction...
You can apply to the court in connection with the divorce to have your soon to be ex-husband pay the car payments, at least during the divorce, particularly if he is paying nothing else and makes twice what you do. That is called pendente lite support. Then at least you know this will be paid for while you work to resolve your divorce.
I agree with the previous poster. So long as the house remains solely in your name, there ex-wife cannot put a lien on it for outstanding child support. In addition to the home, I recommend that even if you and the boyfriend get married, you should keep your bank accounts and other assets in your separate name.
If you just want to try to get her to make the car payment, then you can file a complaint for separate maintenance, also know as an FD matter, requesting payment for the car. Or, if you want to end the marriage as well, you can file for divorce and make a motion for interim support and request she pay the car payments. Whether or not a court would make her pay, in either case, will largely come down to what each of your financial situtations is; your income and assets. This holds true for...
A Tevis claim will not be a bar to your ability to mediate. You might be thinking of a Final Restraining Order, which can be. However, you should consult with an attorney to be sure that when your complaint is filed, the Tevis claim is set forth in the complaint and that you file the complaint within the statute of limitations as Tevis claims are considered personal injury claims.
There is a rebuttable presumption of emancipation in New Jersey at age 18. However, if you are in college, or pursuing another post high school education, then a court would not likely consider you emancipated so long as you are pursuing that education. As for the retroactive child support, that is more difficult. There is a statute in New Jersey that prohibits a court from retroactively modifying child support. The courts have interpretted this to mean a retroactive increase in child...