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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.

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Attorney answers 4


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Mary Katherine Brown

Mary Katherine Brown


Attorney Kelsen has given you a good answer, and as an attorney from your same state, you may rely upon his advice with confidence. Good luck!


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

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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.

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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.

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