FTCS
recently joined
Reged: 01/12/07
Posts: 10
|
|
I need some advice...I have been reading your forums & my situation seems to be a bit different than most.It`s a little long so please bear? with me.
I don`t work, my husband wants an "at home mom" for our four kids (2 are his, I am their step mom, 2 are mine). However I have 2 children from an ex & he had custody. I wanted to pay c/s for my kids bc every child has a right to it. So I filed to pay for them & have been for the past four years. We moved out of state and had to start over, I did however fall behind in payments (never over $2,ooo) but 2 months after I moved here one of my daughters moved in with me. Being that the c/s payment wasn`t so high I wanted to keep paying on my other child. Even though I knew I could have it stopped. A year later my other daughter has moved in with me. Now I have both children, (one is 19 & not in college) and I can`t seem to get anyone to stop my c/s payments. I have to go to court this tuesday to explain to this judge that I have filed a motion in my previous state (NJ), but I haven`t made any payments since my second daughter moved in with me. The judge here wont do a thing about my case (even though she knows I have both children now) and the Prosecuter wants to have me locked up. I don`t see the fairness or the justice in this at all. I have asked for a continuence bc my case won`t be heard until this friday in NJ. I just want to know how much NJ thinks I owe & just pay it off and be done with all of this. But I don`t want to overpay either bc you`ll never get any of that money back. I am waiting to hear from my lawyer on whether or not it will be post-poned . I just don`t know what to do if I have to go on tuesday, we haven`t had the money to make payments bc we are supporting 5 kids now. And we get no c/s from any of these parents....any advice or help will be appreciated. thanks.
|
PhoenixRising
Carpal \'Tunnel
Reged: 01/05/07
Posts: 3681
Loc: New York
|
|
The website njchildsupport contains most of the answers to your questions. You are responsible for the child support until you file the appropriate papers with the court. You need to stop the amount from continuing to accumulate by filing TODAY.
You are responsible for the arrearages even though custody status changed because you didn’t inform the courts in a timely matter. NYS has a statute making it difficult for past due child support to be forgiven regardless of the reason.
According to this page of the website:
http://www.njchildsupport.org/Article.asp?AID=51
Your 19 year old is not considered emancipated, if you haven’t filed with the court so arrears are still accumulating for her, too.
I am sorry I don’t have any further advice that would be helpful to you.
|
FTCS
recently joined
Reged: 01/12/07
Posts: 10
|
|
Thanks... I have filed and that`s what friday`s hearing is for...however, I have filed here in this state also, last year actually. And they refused it here.. What I don`t understand is this, I am the plaintiff in both cases...the c/s papers even have me listed as the plaintiff...since I am the plaintiff and have both children residing with me, why is this court giving me such a hard time? I know that the judge here can over rule NJ`s order bc I have shown proof that I do have both children, therefore NJ no longer has jurisdiction over them. I am not asking for support from their dad, frankly I am tired of the court system & they way they handle cases ( my daughters dad owe`s over $8,000 in arrears & my son`s dad owe`s $28,000) and they continue to drag me down & threaten me when I owe a lot less more than either of them, and I have my children! As of right now I owe a lil over $2,000...and I am being threatened with jail time... when I first tried to get motion papers from Nj they said TN now has jurisdiction of my eldest, I had to file here...so when I did that, TN said NO, file there...I have been in limbo with these two courts for the past two years & just want to scream at the top of my lungs for someone to just do their job!! lol And I am still getting no where with either so far. I have to wait until friday to see what NJ does with my case, meantime I have to be in this court this tuesday to answer for it...it just dosen`t seem right to me. I feel like I am the one getting screwed here. Thanks
|
Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19893
Loc: Third rock from the sun
|
|
According to this page of the website:
http://www.njchildsupport.org/Article.asp?AID=51 Your 19 year old is not considered emancipated, if you haven’t filed with the court so arrears are still accumulating for her, too.
---> I disagree with your summation of that website's information. While it says "There is no fixed age in New Jersey when support stops." it also says: "Once your child turns 18 and/or becomes financially independent, either you or the other parent must file papers with the court asking that the order be terminated or adjusted." Obviously common sense applies because what is to keep a parent from being forced to continue to "support" a 30-year old "child" because they live with "mommy" or "daddy"?
--------------------
If you air your dirty linen in public, expect people to comment on the skid marks!
|
Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19893
Loc: Third rock from the sun
|
|
Even though the children NOW live with you, New Jersey retains jurisdiction and New Jersey is where you have to fight this. You are WASTING your money fighting in your home state...they do NOT have jurisdiction to change NJ's order.
With that said...any payments owed PRIOR to the filing of your motion, process of service (you DID notify your ex didn't you) or the final order is signed (depending on your state's laws) IN New Jersey are STILL owed.
Also...to back up a little. If you didn't have custody of your kids when you got married, how can you say that your husband wanted you to stay home to care for children you didn't have? And why would you need to stay home and "care" for a 19-year old?
Additionally...what does moving out of state have to do with you falling behind in CS?
--------------------
If you air your dirty linen in public, expect people to comment on the skid marks!
|
Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19893
Loc: Third rock from the sun
|
|
I have filed here in this state also, last year actually. And they refused it here..
---> That makes little sense...if they refused to hear the case, which they rightfully would since they don't have jurisdiction, why do you have a hearing scheduled?
I know that the judge here can over rule NJ`s order bc I have shown proof that I do have both children, therefore NJ no longer has jurisdiction over them.
---> No the Judge cannot. JUST because the children NOW live with you, legal custody has NOT been transferred. Until legal custody IS transferred AND you have established residency AND you have petitioned the other state to RELEASE jurisdiction, New Jersey would retain jurisdiction AND your ex STILL has "custody" AND you still owe child support.
I am not asking for support from their dad, frankly I am tired of the court system & they way they handle cases ( my daughters dad owe`s over $8,000 in arrears & my son`s dad owe`s $28,000) and they continue to drag me down & threaten me when I owe a lot less more than either of them, and I have my children!
---> This is getting MORE complicated since there are NOW separate fathers...that means that you have TWO cases, NOT one.
--------------------
If you air your dirty linen in public, expect people to comment on the skid marks!
|
FTCS
recently joined
Reged: 01/12/07
Posts: 10
|
|
[quote]
Also...to back up a little. If you didn't have custody of your kids when you got married, how can you say that your husband wanted you to stay home to care for children you didn't have? And why would you need to stay home and "care" for a 19-year old?
Additionally...what does moving out of state have to do with you falling behind in CS? [/quote]
There are 6 children total lol...I have 4 by two different men, and my husband has two from his first marriage. We have had all four live with us the 6 years we have been together. When I did work, nothing was getting done around the home, the schools constantly called him to pick up sick kids , etc. etc. So, he wanted me to stay home & take care of the kids & house. I have a son who was being dianosed with A.D.D. at the time & there were plenty of school meetings & doctor appointments.That is why I became a full time at home mom. When we moved to this state, we had to start over on everything, no furniture,or big appliances...so I fell behind a few months. I have been trying to catch it up. Like I said I do believe every child is entitled to support.
|
Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19893
Loc: Third rock from the sun
|
|
There are 6 children total lol...I have 4 by two different men, and my husband has two from his first marriage. We have had all four live with us the 6 years we have been together.
---> Need further clarification.
--------------------
If you air your dirty linen in public, expect people to comment on the skid marks!
|
FTCS
recently joined
Reged: 01/12/07
Posts: 10
|
|
"---> That makes little sense...if they refused to hear the case, which they rightfully would since they don't have jurisdiction, why do you have a hearing scheduled?"
TN does it automatically here if you`re behind in payments. When I went to court I asked for a motion here, that`s when I was told I had to file in NJ...but NJ said that I had to file here since my child for whom I owed on lived here...go figure?
"---> This is getting MORE complicated since there are NOW separate fathers...that means that you have TWO cases, NOT one."
Yes, there are two fathers, one owes current support, one owes arrears. But as for the case I am referring to, I filed to pay c/s on my two that was residing with their father. And that is a separate case also, I have three case numbers. But that is the one I am trying to have stopped. Are you saying that bc he has "custody" that he is still entitled to c/s although the children no longer resides with him? Is that how the courts will see it, even though my eldest is 19 & works full time?
I know it`s a lil complicated and I thank you for your time & advice.
|
PhoenixRising
Carpal \'Tunnel
Reged: 01/05/07
Posts: 3681
Loc: New York
|
|
Gecko: The "MUST file papers" doesn't sound like there is much room for interpretation in New Jersey. There is a lot of pressure for states to collect and the judges aren’t being given much leeway. The child is 19 not 30 and she might have to pay CS for lack of filing the appropriate piece of paper at the appropriate time. The OP should be aware of that possibility. With a good lawyer, she might be able to show that she tried and that New Jersey and Tennessee were the cause of the problem as they are confused as to who has jurisdiction over what.
FTCS: this sounds like it has the potential to get messy. You said:
[Quote] I know that the judge here can over rule NJ`s order bc I have shown proof that I do have both children, therefore NJ no longer has jurisdiction over them. [Quote]
I do not think that is true. One state doesn’t get to “overrule” another state. NJ has to cede jurisdiction. With interest and penalties you could be looking at more than your $2000.00. I know that you said you don’t have the money but it is definitely worth calling a few lawyers for a free consult before going to the hearing. Hopefully, this is all a misunderstanding on the state’s part. I would be more optimistic if you had legal counsel. I hate that “road kill” feeling when the court runs right over you.
Let us know what happened.
|
Previous
Index
Next
Threaded
Edit
Reply
Quote
