NJSBA Family Law Section

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  • 1.  Want to do away with child support but child is in High School

    Posted 03-07-2013 01:46 PM
    Hello Listmates,

    Mom and dad divorced several years ago.  Mom remarried but has since become an alcoholic, has learned that she has cancer and cannot function in a work environment.  Son is now a senior in HS and wants to live with dad.  Dad has financial means and does not want child support from mom or funds for college given mom's state of health. Dad knows he will not receive support from mom and he does not want her to have issues with probation.  Any ideas on how to craft a consent order allowing the above?   

    TIA,

    Eric
     
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    Eric Hannum Esq.
    Jackson NJ
    (732)370-9596

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  • 2.  RE:Want to do away with child support but child is in High School

    Posted 03-07-2013 06:06 PM
    I have handled similar situations with diivorcing parties.  Despite the common thread being that child support is for the child and neither parent having the right to forego  what rightfully belongs to the child...  I think you can just draft the consent order saying 'child moves to live with dad; dad's child support obligations re: payment to mom cease as of x date; dad will support child and take full responsibility for child's college and other expenses.'  then both parties sign and notarize. 

    Perhaps you want to put in the reason:  i.e., mom's recent diagnosis.  However, that's kind of like saying 'we all know she's heading for the other side'....   Not really something you want to do while the woman is reeling from this event.

    A judge would have no need to rule on it,  The parties to the contract are simpy amending the contract.  Mom is not giving up any benefits only burdens. 

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    Marianne Auriemma Esq.
    Maywood NJ
    (201)712-9663

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    Original Message


  • 3.  RE:Want to do away with child support but child is in High School

    Posted 03-08-2013 08:57 AM
    I agree with Marianne.  'Shouldn't be a problem as long as the consent order is clear enough for probation to follow.  If mom is on TANF, then the county welfare agency should be a part of the consent order.  Check to see if there are any arrears due the county welfare agency (designated on NJKiDS as "Assigned Arrears"), as they cannot be waived by the mother. 
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    Mitchell Steinhart Esq.
    Bergen County Board of Social Services
    (201)368-4207

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    Original Message


  • 4.  RE:Want to do away with child support but child is in High School

    Posted 03-08-2013 11:02 AM
    Hi Eric:

    What a sad story. In NJ, you can't waive child support.  However, the parties could enter into a consent order for child support in the amount of $10 a week, payable from the Mom  to the Dad, the payment of which is suspended indefinitely until he makes an application with the court to restore it. You might want to keep in mind that the child may be entitled to Social Security benefits (until he is 18 with some retroactivity I believe) if the Mom files for disability benefits.  Those funds might be helpful if the child wants to go to college.  Best of luck.

    Roz

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    Rosalyn Metzger, Esq.
    Rosalyn A. Metzger LLC
    4 Wood Hollow Drive
    Pittstown, New Jersey 08867
    [email protected]
    www.mediate.com\RMetzger
    (908) 238-0099


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    Original Message


  • 5.  RE:Want to do away with child support but child is in High School

    Posted 03-08-2013 12:34 PM
    Although child support is the child's right and not subject to "waiver", you can depart from the guidelines so long as they are cited and a copy attached to the order (Read Ordukaya v. Brown).

    What I've done in this situation is to say that child support will be established at $1 per month, paid directly to the custodial parent and that this is a knowing departure from the CSG.  Best you're going to do.



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    - Dave

    David Perry Davis, Esq.
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax: 609-737-3222
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    Original Message