Help Understanding Child Emancipation Laws In New Jersey

Hello,

I'm new to this group and I have a very complicated situation with a
1993 Paternity Suite filed in Florida where I live, culminating into a
Garnishment Order For Child Support Issued in New Jersey, where my sons
Father lived. The length of the Order was left opend ended by the Judge
and no visitations were provided to the Father. Getting this Order took
8 years and nothing retroactive was awarded. Everything was handeled by
the Child Support Enforcement Teams from the representitive States.

Son's Dad moved to Georgia 5 years ago. My son turned 18 in June of
2004. His Father stopped paying Child Support in August 2004. I
discovered that New Jersey Laws for Child Support and Emancipation are
different than Florida and Georgia's. When he was a month behind, I
requested enforcement of the Order because my Son had plans to go to
College.

I understand that under The Child Support & Family Act of 1998, the
Host State (Ga.) must use the Laws of the Issuing State (NJ) when
Modifying another States Court Orders.

Is it true that if you have an open ended Order, the Custodial Parent
must petetion the Courts in advance of the child turning 18, to add a
College Provision for support to continue?

"Lore'" wrote in message
oups.com...
Hello,

I'm new to this group and I have a very complicated situation with a
1993 Paternity Suite filed in Florida where I live, culminating into a
Garnishment Order For Child Support Issued in New Jersey, where my sons
Father lived. The length of the Order was left opend ended by the Judge
and no visitations were provided to the Father. Getting this Order took
8 years and nothing retroactive was awarded. Everything was handeled by
the Child Support Enforcement Teams from the representitive States.

Son's Dad moved to Georgia 5 years ago. My son turned 18 in June of
2004. His Father stopped paying Child Support in August 2004. I
discovered that New Jersey Laws for Child Support and Emancipation are
different than Florida and Georgia's. When he was a month behind, I
requested enforcement of the Order because my Son had plans to go to
College.

I understand that under The Child Support & Family Act of 1998, the
Host State (Ga.) must use the Laws of the Issuing State (NJ) when
Modifying another States Court Orders.

Is it true that if you have an open ended Order, the Custodial Parent
must petetion the Courts in advance of the child turning 18, to add a
College Provision for support to continue?

You won't find any help here - read some of the other posts, and you'll see
the newgroup's general attitude towards child support.

"Lore'" wrote in message
oups.com...
Hello,

I'm new to this group and I have a very complicated situation with a
1993 Paternity Suite filed in Florida where I live, culminating into a
Garnishment Order For Child Support Issued in New Jersey, where my sons
Father lived. The length of the Order was left opend ended by the Judge
and no visitations were provided to the Father. Getting this Order took
8 years and nothing retroactive was awarded. Everything was handeled by
the Child Support Enforcement Teams from the representitive States.

Son's Dad moved to Georgia 5 years ago. My son turned 18 in June of
2004. His Father stopped paying Child Support in August 2004. I
discovered that New Jersey Laws for Child Support and Emancipation are
different than Florida and Georgia's. When he was a month behind, I
requested enforcement of the Order because my Son had plans to go to
College.

I understand that under The Child Support & Family Act of 1998, the
Host State (Ga.) must use the Laws of the Issuing State (NJ) when
Modifying another States Court Orders.

Is it true that if you have an open ended Order, the Custodial Parent
must petetion the Courts in advance of the child turning 18, to add a
College Provision for support to continue?


Why are you being greedy. A college education is not an entitlement.

Time to grow up.

Hi Lore,

Contrary to a previous comment that no help can be found for custodial
parents, I think most members here just want what is fair. And that
results in significant backlash which in my experience is often
extremely understandable.

Be that as it may, in regards to your question. It is a rather detailed
legal point and important enough that you should contact a NJ attorney
and get their advice. You should be able to accomplish this via a
telephone consultation and there typically is no charge for the first
meeting.

Don (NCP in Massachusetts)

Oh dear, you sound angry. I have no idea about your situation or
circumstances and nor do you of mine. I'm sad for you about whatever
has happened in your life, for you to jump to conclusions about my
intensions.

My son has medical disorders requiring medications, no health
insurance. I am 100% permanantly disabled. I have a small income from
my former career as a Designer, and Medicare. Medicare doesn't cover my
son. His medical expenses don't meet the criteria for Medicade or
Medically Needy. In spite of his ailments, he'd very much like to have
an education to support himself.

His Father has a Doctorate Degree and can well afford to contribute to
his only offsprings well being. The gentleman is no gentleman. He
should have been sued for Professional Malpractice and Wreckless
Endangerment but our evidence Magically Dissappeared from the legal
files before we had a court date in 1986. Then, he Magically
Dissappeared from the State and was located 7 years later in New
Jersey. For the record, I paid CS to my elder son's Father.

Yes, we all have our problems.

I have a son whom I'm very proud of for accomplishing what he has,
under most devistating circumstances.

All I asked was a question.

Thank you for your comment.

Before joining the group, I read several from 1999 in the area of
Florida CS issues. I had hoped for a response from an Attorney or
someone who has an Order from NJ. and all the complications. Perhaps I
should have posted my question to the Lawyer section. Though you may
very well be correct.

Lore,

I just did a little quick searching. Interestingly enough NJ seems to
have left much more leeway with the courts regarding emancipation.

See:

http://www.divorcenet.com/states/new...support_part_2

You can read the guidelines yourself he

http://www.judiciary.state.nj.us/csguide/index.htm

(It's not as bad as it first seems since most of the pdf are tables.)

As a non-attorney it looks like you have a decent shot at this.

If it were my son I would pursue it.

Don

Hi Don,

Thank you for your compassion. Are you the same Don who wrote me
earlier; don_1...? I tried to post a response to him and I saw your
reply. I guess it got lost in here somewhere. lol

I'll check it out. It's very sweet of you to look for me. The next
round of coffee is on me.

Lore'

Hi Don,

Thank you so much for your kind reply. I did verify the information
through NJ Senator Menendez office.

Things went from stressful to Hyper Drive. I found out that my Case was
closed and my son Emancipated by a Ga. Judge on 4-18-06. Fl. was
supposed to get a continuance on the Court Date because my son finally
decided to apply for services through Vocational Rehabilitation and
were were still waiting for records to be recieved.

I specificly asked the worker to verify with me if continuance was ok'd
so I could speak in my sons intrests. I found out the case had gone to
court and was closed, when I checked the GCSE Site for Case Updates.

Fl says Ga Judge refused the continuance and refused to let me testify.
Fl had asked me if I wanted to and I said yes, in writing. Fl. had also
been telling me that if we didn't like the outcome of the Court Date
(whenever it was to be), they'd take things to the next higher step.
Now they deny saying that too and I need to hire an Atty. in Ga to
Appeal. So I filed a complaint with the Fl Atty. Generals Office and
I'm looking for Fl. Counsel to after the State of Fl.

I don't know for sure but it sounds like Civil Rights Violation,
Wreckless Endangerment and Professional Malpractice? This is such a
pain in the ... many other things I rather put energy into, ya know?

Hi Lore'

Yes I'm the same Don on all replies.

You probably can push your way though all of this but as you noted it
consumes huge amounts of energy. You gave enough general information
that I understand why you relied on workers in the system. In my
experience though they often simply don't know the law, though they
believe they do.

My experience has been on the other (NCP) side and the last time the
court aide could not comprehend the concept of attribution of income
for the custodial parent. It was an absolute circus but if I had not
clearly understood the law and known better I would have lost. Instead
I refused to agree and the judge instantly understood the point of law
I was arguing.

In your situation it is very complicated and few states or courts would
be willing to take the time to apply NJ law since it is so very
different in this instance.

If you do decide to work this, be sure to do so as soon as possible.
There is a time limit on certain filings.

Don