NJSBA Family Law Section

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  • 1.  reeceiving support after child moved out of home

    Posted 02-01-2017 01:48 PM

    List mates: 

    Client (mom) has an obligation to pay child support for her children.  Unfortunately she has no contact with them and hasn’t for a couple years.  Client just learned that her daughter moved out of the father’s home last January and has been residing with her boyfriend since the move took place and also stopped attending college after she left dad’s home.  More importantly, dad has been graciously taking the support checks and cashing them the entire time.  If this were a standard request for a modification of support I would agree with using the filing date for the date of modification but dad’s acceptance of funds having the knowledge of the move should count for something in mom’s favor especially when I can show that the move took place last year based on all of the daughter’s posts to her Facebook page.  Any thoughts would be greatly appreciated.   

    TIA

    Eric



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    Eric Hannum Esq.
    Jackson NJ
    (732)370-9596
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  • 2.  RE: reeceiving support after child moved out of home

    Posted 02-01-2017 01:50 PM

    file for emancipation effective when she moved out and quit school, return of the funds since last january.

     

    Alice M. Plastoris, Esq.

    Law Office of Alice M. Plastoris, Esq.

    82 Speedwell Avenue, 2nd Floor

    Morristown, NJ 07960

    Telephone No. (973) 538-7070

    Fax No. (973) 538-7088

    Email: [email protected]

     

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  • 3.  RE: reeceiving support after child moved out of home

    Posted 02-01-2017 02:13 PM
    You could argue the daughter was emancipated as of the date she moved out/dropped out of college, so you don't have a retroactivity issue.  Child Support would terminate for that child as of the date of emancipation.  I believe the Court would need to recalculate child support as of the date of the emancipation for the remaining unemancipated children as of the date of daughter's emancipation.  You will need 2015 tax returns and 2016 pay stubs for that.  

    If the daughter is the last child to be emancipated and the child support is terminated as of her emancipation, the trick is obtaining reimbursement for the overpayments.  Probation will not help in this, other than to provide an accounting if ordered.

    Good luck,

    Gregory Thomlison, Esq.
    Kerr & Thomlison, L.L.C.
    650 Washington St.
    Suite 1C
    Toms River, NJ 08753
    Ph. (732) 736-8100
    Fax: (732) 736-9505

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  • 4.  RE: reeceiving support after child moved out of home

    Posted 02-01-2017 03:02 PM

    Back in 2012, I actually filed a motion for a client seeking retroactive emancipation once a child was done with college (probably the end of the month when she graduated) but the judge would not terminate the support until the motion was filed. I am not saying I agree with that determination.  However, the judge did order the payee to reimburse my client for all payments she had received after the termination date, and he even awarded legal fees because the payee refused to consent and even filed pleadings objecting to the termination.

     

    Robert E. Goldstein, Esq.
    Drescher & Cheslow, P.A.

    610 Bridge Plaza Drive

    Manalapan, NJ 07726

    (732) 972-1600
    Fax (732) 972-0038
    E-mail: [email protected]

     

    Visit my personal website:  www.mydivorcelawyernj.com

    Member, Middlesex County Bar Association,  Monmouth Bar Association, New Jersey Association for Justice and New Jersey State Bar Association

                                     

     

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  • 5.  RE: reeceiving support after child moved out of home

    Posted 02-01-2017 02:16 PM

    Eric –

     

    N.J.S.A. 2A: 17-56.23 (a), which bars retroactive modification of child support, does not act as a bar after emancipation. If the facts indicate that the child should have been emancipated at an earlier date, the court can determine the date of emancipation and retroactively modify back to that date. I assisted a pro se client (with substantially similar facts to yours), in winning this issue on appeal 2 years ago.  Mahoney v Pennell, 285 N.J. Super. 638 (App. Div. 1995) provides guidance. Let me know if I can be of further assistance.

     

    • Megan

     

    C. Megan Oltman

    Oltman Law & Mediation

    475 Wall St

    Princeton, NJ 08540

    http://moltmanlaw.com

    (609) 947-0784

     




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  • 6.  RE: reeceiving support after child moved out of home

    Posted 02-01-2017 05:31 PM

    Eric,

      Retroactive emancipation, which also allows for retroactive modification of child support. It's an exception to the statute and the cases which interpret the statute prohibiting retroactive modification of child support.

    Ed

     

    * * *

    Edward J. Zohn, Attorney at Law

    Zohn & Zohn, LLP; 7 Mount Bethel Road, Warren NJ 07059

    908.791.0312 office; 908.229.0319 mobile; 908.660.4866 fax

    "Leges sine moribus vanae" (Laws without morals are useless) - U. of Penna. Motto

    www.zohnlaw.com

     




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