In New Jersey, someone other than a child’s biological parent can be responsible for making child support payments.
Specifically, under the doctrine of equitable estoppel, persons who are not the natural parents may have an obligation to support those children as to which they are in loco parentis. Ross v. Ross, 126 N.J.Super 394 (J. & D.R. Ct. 1972).
The Star-Ledger reported yesterday that former New Jersey Governor, James E. McGreevey, who is in the midst of a divorce, has included among his request for relief the sole custody of the parties’ five year old daughter, Jacqueline. http://www.nj.com/starledger/stories/index.ssf?/base/news-11/11737647504550.xml&coll=1
The amended complaint seeks child support and provides Dina Matos McGreevey, the mother and soon-to-be ex-spouse, with visitation rights.
Presently, Governor McGreevey lives with his partner, Mark O’Donnell.
Grandparents will only be given visitation against the wishes of a parent if they can prove by a preponderance of the evidence that such visitation is necessary to avoid harm to the child. Moriarty v. Bradt, 177 N.J. 84, 114-15 (2003).
Shortly after the distressing news of Anna Nicole Smith’s demise, the fight for baby Dannielynn continued on a shocking upward spiral. The potential father list has risen from two to five!
As previously known, Howard K. Stern and Larry Birkhead were the alleged contenders. The paternity test was postponed from January until February 2007.
However, a strange turn of events has since occurred. Two additional men are contending to be Dannielynn’s father; the bodyguard, Alex Denk, and the prince/Zsa Zsa Gabor’s husband, Prince Frederick Von Anhalt. Additionally, Ms. Smith’s sister alleged Ms. Smith had her late 89-year old husband/billionaire oilman, J. Howard Marshall’s sperm frozen, which has been added to the equation.
As the custodial parent you might think that since the children are under your care and control that as long as you provide them with a warm loving environment it does not matter whether you relocate to another state.
This is not the case. New Jersey law prohibits a custodial parent from moving with the parties’ children outside the state without court order or the non-custodial parent’s consent.
If the non-custodial parent does not consent to the move, the custodial parent must file a motion asking the Court to relocate. The Court will consider whether the children will suffer from the relocation, whether a relationship will be maintained with the non-custodial parent, and whether regular visitation is possible.
http://www.childsupportweb.com
Does it sound reasonable for a parent to seek a downward modification of his/her child support obligation when he/she has substantial assets sitting a 401(k) account that are not considered in the child support calculation? What about the child’s right to financial support?
A party’s contribution into a 401(k) account and the income generated in a 401(k) are not used in the child support calculation as it is not considered available to the defendant over an extended period of time. The assets are not ordinarily accessible and the party withdrawing from the account would face an exorbinant tax burden for withdrawing money prior to retirement.
Forrestall v. Forrestall, 389 N.J.Super. 1, 910 A.2d 621 (2006).
In the divorce between Britney Spears and Kevin Federline, Ms. Spears seeks legal and physical custody of their two sons, Sean and Jayden, with visitation rights for Mr. Federline.
So, you don’t want to pay child support anymore. What do you need to know?
To start, you should ask yourself the following questions:
1-How old is your child?
2-Does your child attend high school?
3- Does your child work? Full-time or Part-time?
4- Does your college attend college?5- Does he or she reside with your ex-spouse?
The answers to these questions will determine whether you should file a motion for emancipation.
On or before January 23, 2007, the paternity of Dannielynn will be concluded.
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Former Playboy Playmate, TV reality star, and TrimSpa spokesperson, Anna Nicole Smith (born Vickie Lynn Hogan) is disputing the decision and attempting to fight the Court appointed order from U.S. Judge Robert Schnider, that she submit her four (4) month old daughter, Dannielynn to a DNA test to establish paternity.
Let’s face it – sometimes non-custodial fathers are delinquent in their child support payments. What is a custodial mother’s recourse? Perhaps, the custodial mother can call the probation department or file a motion to enforce litigant’s rights. There are many ways to enforce support orders and/or agreements.
May the custodial mother prevent her ex from seeing his children? Quite simply, the answer is ‘no’.
Make no mistake about it, a father’s refusal to pay child support is frowned upon. However, it is not up to the custodial mother to decide in what manner to best enforce support, especially if the actions affect children. This issue should be handled by the Courts.
New Jersey Family Law Blog