NJSBA Family Law Section

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  • 1.  Child Support Preserved

    Posted 10-31-2018 04:02 PM
    Hi all,

    I've done some research on this, but wondering if you guys had any other input. I have a client who filed for divorce a few years ago. Ex absconded to another country...and default was entered. FJOD stated "child support preserved", but no specifics. Fast forward to now and client finds out ex is back in the US and files for enforcement/to set child support. 

    I know Kakstys states the court may allow a child support order retroactive to the divorce filing date if it includes a specific claim. There it talks about Pendente Lite. Question is -- how specific? Since there's no actual amount in FJOD (because default/no wage info, etc.), but there is a claim and the above mentioned language in FJOD can we now make claim that client is entitled to CS from date of FJOD on the post dissolution motion to enforce/set child support a few years later?


    Thanks in advance!

    --
    Aleksandra N. Gontaryuk, Esq.
    Partner
    GV Law Firm
    711 Jersey Ave.
    Suite 201
    New Brunswick, NJ 08901
    Tel.: 908.336.7550
    Fax: 908.379.8758

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