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ondyomo · Oct 23, 2009, 01:12 PM

I filed a motion for an audit to be done on child support arrearage accrued after my children turned 18. I did not emancipate them until they were 22 and 21 because my wife said she was going to put them in school and she never did. Both my children moved out for of the home after they were 18, only my son moved back. I was told that since I did not emancipate them at 18 I must pay the arrearage. Judge said decision is final but I want to know if there is any way to appeal this?

cdad · Oct 23, 2009, 02:19 PM

This sounds very odd. What state is this in ?

Fr_Chuck · Oct 23, 2009, 02:46 PM

Normally an appeal has to be made within a certain time after it was made, not years latter.

I would ask why when it was happening 2 or 3 years ago, you did not file then, and waited

ondyomo · Oct 23, 2009, 05:08 PM

Originally Posted by califdadof3

This sounds very odd. What state is this in ?

New Jersey.

ondyomo · Oct 23, 2009, 05:12 PM

Originally Posted by Fr_Chuck

normally an appeal has to be made within a certain time period after it was made, not years latter.

I would ask why when it was happening 2 or 3 years ago, you did not file then, and waited

When the children reached the age of 18 I mentioned that I shouldn't be obligated to pay child support anymore and she said yes, you do because I'm going to enroll them in school. Every time I want to stop the child support payments, she said she was going to put them in school so I did not emancipate them until they were 22 and 20. The judge said that because I did not emancipate them at 18 I have to pay the arreage. The children were not even living with her all that time. My oldest moved out of her home at 18 or 19 and my son moved out for about a year and then moved back in to her home. Neither kid attended school after high school I want to know if I can appeal the judge's decision.

cdad · Oct 23, 2009, 05:16 PM

How long ago was the hearing on this because you do have the right to appeal a decision but it has to have a basis in law or case law.
Since you hadn't tried to emancipate them then the ruling is that the order stands until such time as it changes or expires. What happened here ?

ondyomo · Oct 24, 2009, 07:14 AM

Originally Posted by califdadof3

How long ago was the hearing on this because you do have the right to appeal a decision but it has to have a basis in law or case law.
Since you hadnt tried to emancipate them then the ruling is that the order stands until such time as it changes or expires. What happened here ?

I didn't emancipate my kids until they were 22 and nearly 21 because every time I talked about stopping child support my ex-wife would tell me I can't because she was going to enroll them in college. I accumulated most or all of the arrearage after they were 18 because of job loss. The hearing was yesterday and even the my kids weren't living at home, my daughter had moved out of the house at 19 and my son moved out for about a year as wel, but moved back so my wife was not even supporting them but the judge still said I had to pay the arrearaage.

Also, my wife told me at the emancipation hearing that my daughter is married. I am unable to find out if this is true or not, I've done searches but can't find any info. If my daughter was married during the time the child support arrearage accrued, isn't that fraud since child support isn't pay to a child who is married?

My wife is the one who said my daughte is married so she either lied that my daughter got married, or she didn't inform the judge.

I'm trying to figure out a way to find out if my daughter is or was married.