I have filed an application for a termination of child support. No answer was filed by the other party.

Asked over 1 year ago - Brick, NJ

I have a court date for a Consent Hearing to terminate child support for my 20 year old daughter. This is a FD docket. The court date is next week and I have not received any answer from the the other party. My questions are,

1. What is consent conference? I read it on line that it is to establish paternity. Which has been done many years ago.
2. Since the other party did not file any answer, does it mean that Judge would order in my favor?
3. I had filed for retroactive reimbursement of child support since I have no contact with my child for over 4 years now. What are my chances of getting reimbursement?

thank you

Attorney answers (2)

  1. David Perry Davis

    Contributor Level 17

    Answered . Confusing. It sounds like you filed a motion under your FD docket and it somehow got scheduled as a paternity conference. A "consent conference" is part of the paternity process, not a usual part of an FD motion. It should be straightened out when you get to court.

    You are generally entitled to a refund of post-emancipation support paid (and/or a credit against arrears). Emancipation would be when daughter was 18 and not a full time student nor disabled. Unless the court finds that you "sat on your rights" and should have applied sooner, you should get it back.

    However, you are not entitled to a support refund based on your lack of contact with your daughter which sounds like it would go back to when she was 16. Support and parenting time / custody are two completely distinct areas of the law - if you never saw her, you are obligated to pay support. If you never paid support, you still have the right to see her.

    In Ocean County (it says you're posting from Brick), I recommend Eric Hannum. Not sure if he's on Avvo, if not then Google him.

  2. Andrew John Economos

    Contributor Level 11

    Answered . 1. FD matters typically go before a hearing officer before being sent to a judge. the hearing officer gets information and attempts to have the two of you reach an agreement without going to a judge...hence the the term consent conference. However, the hearing offices is NOT a judge and you do not have to accept what he/she says, and you can instead insist upon going before the judge to rule on your matter.
    2. Not necessarily, especially in an FD matter. It is not uncommon in FD matters for parties to not have attorneys and as a result, not file papers in response. Sometimes the other side just shows up and you either proceed anyway, or perhaps the hearing gets adjourned to a later date to allow them to respond. Lots of times, they just dont know they are supposed to respond.
    3. Honestly, your chances of getting child support back are not good. But if you have any arrears, you are alot more likely to have them reduced, if not wiped out altogether...depending on how much you may have overpaid since emancipation.
    Good Luck!

    Disclaimer: This information is being provided for educational/informational purposes. It is not to be considered... more

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