Skip to main content

How do I go about putting my daughter's father back on child support?

East Orange, NJ |

I live in New Jersey and wanted to know if there is a statue of limitation on when I can put my child's father back on child support. We had mutually agreed a few years ago that it would be fair for my to take him off and pay me directly since they were garnishing him too much and sending it to me. That was a mistake - since September of 2011 he has not given me anything for my daughter and she turned 18 in February of 2012. Can I have the case reopened and put in her name so the funds go to her directly? I have legal residental custudy of her and she is just graduated from high school.

Attorney Answers 4


  1. Contact www.custodialsupport.org , a not for profit foundation.

    Benjamin G. Kelsen IF YOU LIKE THIS ANSWER PLEASE INDICATE YOUR APPRECIATION BY SELECTING IT AS "BEST ANSWER." Law Offices of Benjamin G. Kelsen, Esq. LLC 179 Cedar Lane Teaneck, NJ 07666 Phone: 201-692-0073/ Fax: 201-692-0151 Web Site: www.kelsenlaw.com / Email: bgkelsen@kelsenlaw.com NOT LEGAL ADVICE: The above information may contain an opinion which does not constitute legal advice. Unless a retainer agreement has been signed, we are not your legal representatives, and you should not rely on any opinions contained in this message.


  2. You can also go to your local family court and seek assistance (it is free to complete the forms). Good luck!

    Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@hotmail.com. All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.


  3. Your question isn't clear, are you looking to re-establish a probation account? If so, you will need to file an enforcement motion. If you voluntarily agreed to terminate child support and now wish to re-establish a child support obligation, you should be aware that you cannot retroactively modify child support.

    This response is not to be construed as legal advice and is provided for educational purposes only. This response does not create an attorney/ client relationship. The response provides general legal information and education. This response does not address any specifics concerning this inquiry, as the inquiry as written may have omitted details which would make the reply unsuitable. The inquirer is strongly encouraged to consult with an attorney in his or her own state to acquire more information about this issue. Licensed to practice in New Jersey and Pennsylvania.


  4. Child support will not go to her and the problem you are facing is that unless she is going to college, her father could make a motion to have her emancipated, terminating child support. Child support is for the benefit of the child but it goes to the custodial parent. You cannot get retroactive child support - you should have filed for support when he stopped paying. You should consult with an attorney - I am in South Orange, near to you. But unless your daughter is going into college in September you may have a problem reinstating child support.

    This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed.