What is Retroactive Child Support in the State of New Jersey?

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What is Retroactive Child Support in the State of New Jersey?

Photo of a boy hugging his mother carrying a babyIn the state of New Jersey, Child support is laid out through a variety of specific laws that must be followed by those who are the guardians of children involved in a divorce. There are various specific directives that must be followed, some of them related to instances when you need to modify child support, cases where child support back pay is owed, and also retroactive child support.

If you are struggling with an issue related to back child support or you want to know what the child support statute of limitations is, you need to engage a skilled New Jersey child support attorney. These kinds of cases are often complex and require a lot of experience to navigate. There are sometimes instances where exceptions to New Jersey Child Support law have been made, and you will need an experienced child support attorney to navigate this kind of case.

If you are ready to learn more about retroactive child support in the state of New Jersey, you need to read on!

Is Retroactive Child Support Allowed in the State of New Jersey?

In the State of New Jersey, no retroactive child support is allowed other than in cases where there is a motion for child support or child support modification that is pending. In these cases, the retroactive date of the child support will go back to the date that the notice or the motion was filed/mailed.

In New Jersey, when the circumstances of child support need to be changed or the support obligation must be modified, the other party involved must be notified. The notification will explain the changes that must be made, and the court will have 45 days to undertake this modification. If the motion for the modification is granted, then the modification will be applied retroactively back to the date that the notice was mailed out.

Can I Get Back Child Support if I Never Filed?

Back child support is not the same as retroactive child support in the state of New Jersey. Back child support can be ordered to be paid by a judge and might be taken as income withholding, from tax returns, and more. The question of whether or not you can get back child support if you never filed can be complicated.

By the letter of the law, the other party was not notified about the child support filing and could not have known that there was a need to pay support payments. In most cases, you will only be able to establish a legal child support agreement and accept payments going forward. There are some limited cases where you might be due child support back pay due to a complicated situation or a failed filing attempt, but these are rare circumstances.

Child Support Statute of Limitations

The statute of limitations for child support in New Jersey is five years after the child reaches the legal age of emancipation. The law was recently altered to change the legal age of emancipation to 19 years of age. Children can seek the child support they are due even after being legally considered to be past the age of support due to these laws.

This applies to back child support, and there is an additional law that says that judgments and liens against income and property related to back child support will have a twenty-year statute for enforcement. This is intended to make certain that the child in question has access to the support that they need, even related to unpaid child support that is owed from the past.

Retroactive Child Support in New Jersey is Allowed in Limited Circumstances

New Jersey child support law is very clear about retroactive child support, and in most cases, this kind of payment will only be demanded in cases where a judgment was pending. This judgment might be related to a divorce case that has not been finalized or a support modification request that is not yet complete.

If you believe that you are due retroactive child support, you need to work with a skilled child support attorney for your case. This is a fairly complex part of New Jersey law, and establishing the right child support agreement as well as collecting back child support can be complex without the right legal support.

If you need help with any part of your retroactive child support case, you need to reach out to us at DeTorres & DeGeorge today. We take pride in helping our clients in the Clinton NJ and Florham Park NJ areas to seek the retroactive child support that they are owed.

 

Rosanne S. DeTorres
Ms. DeTorres is the managing partner and co-founder of DeTorres & DeGeorge Family Law. She is also only one of 150 attorneys in the State of NJ that is certified by the NJ Supreme Court as a Matrimonial Law Attorney. Ms. DeTorres graduated...
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