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How to stop paying child support.

Mahwah, NJ |

I live in NJ with my wife. My daughter lives in FL with her mother. My daughter is 18 and will graduate HS June 2012. Her mother and I were never married. Neither my daughter nor her mother work. I have paid child support to her mother since she was born. We never involved a lawyer or the courts. I would like to know how I stop paying child support upon her graduation. Can I just stop writing the monthly check or does it need to be done legally? If it needs to be done legally, what will I need to do? My childs mother assumes that the child support will continue until my daughter moves out of her home.
Thank you for your help.

Attorney Answers 3

Posted

It depends upon whether NJ law applies to your matter.

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Asker

Posted

How would I find out which laws apply to this matter?

Posted

If there was never an Order entered by any court establishing a child support obligation you can stop forwarding your checks and that would likely be the end of it, provided your daughter is no longer a full-time student nor has special needs limiting her ability to be self-sufficient.

If an Order exist establishing your child support obligation you will need to secure an Order, whether by consent or by filing the appropriate application in court, to emancipate your daughter and to terminate the child support obligation. Those papers should be filed in the same court that initially established the child support obligation.

The Answer provided was based on the limited information provided, and represents information based on the law in general, not a legal opinion that can be relied upon. Before a formal legal opinion can be offered I would need an opportunity to review all possible relevant facts and circumstances. You cannot rely on the advice of an attorney given over the internet. The exact facts of your sitaution, including facts which you have not mentioned in your question, may completely change the opinion that is being offered. Please be aware that the above comments are neither protected by attorney-client privilege, nor may the same be the basis for a malpractice lawsuit.

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7 comments

Asker

Posted

There was never an order entered by the court establishing any child support obligation, I am not on the birth certificate and there was never a DNA test done. (no need for the test) She will be attending college in the fall. Eventhough there was never a court order for c/s, should I file anything with the court? And if so, would I need to do it in FL, or NJ? Thanks again for all your help.

Kenneth A White

Kenneth A White

Posted

Under the circumstance you are describing (No Order having ever been entered addressing anything in the past) it is probably best to leave everything alone. If the child's mother wants affirmative relief, i.e. support from you, should would have the burden of filing the application(s) and establishing her case. She would likely have no choice but to file in Florida, where the law is favorable to your position. There is no need for you to rock the boat...

Asker

Posted

Thank you for your help. She will no doubt want further support as she has not worked in many many years.

Asker

Posted

Does the custodial parent have any financial obligation to a child? In my case my childs mother has not had a job in many years and when she did work it was for a short period of time.

Kenneth A White

Kenneth A White

Posted

Every natural parent has an obligation to contribute to the financial well-being of his/her child (absent an Order of the court to the contrary).

Asker

Posted

Thank you for the responses.

David Perry Davis

David Perry Davis

Posted

I would file a motion / complaint and do so in Florida. If mom is expecting support to continue and files a complaint in NJ, you would have potential liability IF mom could convince a judge to apply NJ law ... then CS wouldn't end until your daughter graduates from college.

Posted

The law of the State entering the first child support order governs emancipation (regardless of where the parties and/or the child live thereafter). If there's no court order, I'd suggest filing a motion in Florida to affirm that your CS obligation ends July 1, 2012. You'd have to get Florida counsel to do this -- do NOT file it in NJ.

IF YOU LIKE THIS ANSWER AND APPRECIATE THE TIME IT TOOK TO WRITE IT, PLEASE SELECT IT AS "BEST ANSWER." Thanks. The above is said without seeing your case file and without my understanding the entirety of the facts of your case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.

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