Friday, August 20, 2010

How can my husband cancel child support to a child who is no longer a minor?

My husband has been paying child support faithfully, but now that his daughter is no longer a minor we can't seem to find the right way to cancel these payments, they are now deducting the amount of child support from his SS checks. We have tried contacting the NJ Child support division but have not been able to get in touch with anyone via phone or by mail. What else can we do? How can we stop paying?How can my husband cancel child support to a child who is no longer a minor?
file a motion in family court to end the child support based on the child being an adult now and served the other parent the papers. If the child is attending college then child support will continue. Check into that as well.How can my husband cancel child support to a child who is no longer a minor?
my husband is going through this too right now what we were told to do by our lawyer was that we needed to go down to the court house and file a petition to see if the child is in school because one is leagly responsable for them till there 21 so you first need to see if there are in school

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First of all if he is getting SS benifits his children are intiteled to their own benifits. They would not have been deducted from his check. If they took them from his check it would have been for back payments and that won't stop untill he pays it off.

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You'll have to find out who the caseworker is thats dealing with your case. Or you can write to them (make sure you put your case # and such on it) and send it certified mail. The 2 people I have known that had to deal with that ended up still paying until the court decided to look at the records and see the age of the child but they had no arrears and ended up getting that money back? I just suggest you hound everyone at that office until you can talk to someone. OR, you can always give him back the money you get for child support...
Before the state can garnish anything, you must be properly served with a statement stating how much will be garnished and from what...


Its always hard to get through to anyone when calling any child support division. Some states are separated by county and others by Field office.





He must be on SSA right? legally SSI checks can not be garnished at all so It must be SSA (which can be garnished).


If the child is over the legal age, and he is still making payments, s/he is either still in high school or he owes back child support. The state cant continue to garnish if he owes nothing.





If he owes arrears, have him check with the person he pays support to and see if she will write off any back debt owed. If its owed to the state (because she was on TANF) request a conference board write off... He has rights as a NCP, and its important he exercises them.





You know what? I will look in my contact sheet to see if I can find out a direct line for you to call. I will get back to you.
I would be calling every single day until I got some results. Is your husband's ex a decent enough person where he could ask her for the money to be returned?





I don't understand why some of the answerers are saying that he needs to continue paying if the daughter is in college, unless your state is one of the unfortunate few who require child support to continue through college, which is so unjust because married parents are not forced to pay for their child's college... Child support is such a rip off for the non-custodial parent, I really hope your husband gets this straightened out fast! :)
I am going through this right now, and all I'm trying to do is get a payment statement on how much my husband has paid to them. YOU HAVE TO EMAIL, MAIL, AND CALL EVERY DAY. The only way I got an answer for my husband was to send letters to the main supervisor. It's awful. If you can, a lawyer may be able to help. They may be able to help, but I got an answer by contacting the main person by mail. Good luck!





Oh and btw, they won't talk to you about anything. You'll have to have your husband talk to them on the phone, but email is a wonderful thing because you can send letters from his account (with his permission of course!)





Also, type letters out for him and have him sign them. After they get a letter from you everyday, they will get in contact with you. I am jealous that you are finished.... I still have 10 more years to go!!
If the child is still in school he can still be held accountable for the support. If they can't get anyone on the phone then go to the court house, visit the family division or go to your local child suport office, and ask for a mod for your support.
First of all even if she is no longer a minor, if she is still in High school or college he will still have to pay. If school is not the case you should call child enforcement agency or the prosecuting attorney office.
File directly with the court. Your state court web site should have the proper forms, and if they don't ask the clerk at the court for them.
Contact a lawyer.

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