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.
Disclaimer: This information is being provided for educational/informational purposes. It is not to be considered legal advice and no attorney/client privilege was established as a result of same.
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.
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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