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Old 09-22-2010, 06:03 PM
 
19 posts, read 29,681 times
Reputation: 12

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Hello, everyone.

This is the first time here. I am looking for advice on emancipation. My son is 21 y.o., Married, and also has not been living with his mother for a few years. Let me rewind about 15 years ago. My wife and I had a son in 1989, and divorced in 2005, she took my son away I had no idea where they were,and I haven't seen him since he was 5. I was ordered to pay 125 a week, plus provide healthcare and the usual that comes along with the court order. At the time, I was working a job that only paid 125 a week, was unable to afford an attorney at the hearing, so I was pretty much at the mercy of the courts. Needless to say I was having great difficulty making payments to the CSA, so I went into the army, and then it was automatically deducted from my pay, problem solved! I left the army in 2005, and (just to let you know I am not denying any responsibilty, it was due to my own ignorance) I had forgotten about the court order and since my army pay stopped, so did the deductions. Here is the complicated part, I emigrated to the United Kingdom upon my leaving the army, you are required to leave a forwarding address. I received nothing from Essex county probation stating payments were not being made, until I went to work for a U.S. company and upon travelling to inprocess with them, I was detained at Newark airport, and told there is a warrant for child support, I was floored! I was taken to the jail. I had noone to call, and you cannot dial internationally from jail phones. I saw a judge who was less than sympathetic, fair enough, it was my own fault, I managed to pay one months support, was released, carried onto the job three days late. Phoned the probation immediately to find out how I can start making monthly payments, I was getting the run-around! I kept phoning my case working stating I do not have a U.S. address therefore I cannot use expert pay. Also the payment centre doesn't accept payments by credit card from outside the U.S., they cannot accept standing orders from an international bank either. So, I had to send a monthly cheque, and guess what? Of course since this was a violation of the order I was charged arrears because the payment was considered late. I lost my job and have been unemployed since last Oct. I have just only started working part-time 21hrs. a week as this is all I am able to find at the moment. Since Oct. I have tried to get an adjustment, I posted the motion 4 weeks ago but have heard nothing, and dealing with these people from 6,000 miles away is virtually impossible, of course the arrears are continuing tp accrue, at the moment I am in financial ruin, and cannot afford an attorney let alone keep food on the table! When I phone to speak to someone, I either get put on hold or disconnected, meanwhile I am being charged international calling rates! I have left numerous messages with the woman I am supposed to contact regarding emancipation but she is not returning my calls. I am completely fed up with this and want it sorted. As I have previously stated, my son is 21, hasn't lived with his mother for a few years, has just recently married. (We made contact through myspace after all these years). I am afraid I will have a warrant for my arrest, I am not shunning responsibilty, I get nowhere with Essex county probation dept. PLease help any advice would be greatly appreciated. I'm sorry this is so long, I am just trying to give as many facts as possible. Thank you.

Last edited by Jim68; 09-22-2010 at 06:51 PM..
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Old 09-22-2010, 06:09 PM
 
Location: The Beautiful Pocono Mountains
5,450 posts, read 8,759,049 times
Reputation: 3002
They don't charge you interest when you are behind in support.

Call the court, have them mail you the motion papers, file your motion. You will not get it retroactive, that much I can tell you.

Check your divorce papers and see if there was ever an automatic emancipation (very rare, but worth a look) included in your divorce. Most times you have to file a motion for this and you will not be reimbursed for the support you paid that you technically did not owe because the child was no longer at home, in college, etc.

You do not need an attorney to file the motion, just do it immediately if you haven't done so already.

There is no quick fix out of this situation for you.
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Old 09-22-2010, 06:18 PM
 
19 posts, read 29,681 times
Reputation: 12
Default Most appreciated.

Thanks for the information. Would you happen to know where the forms are for this? It is a nightmare trying to get someone, they pass me about from one dept to the next because they don't have a clue! Can I get them online somewhere?
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Old 09-22-2010, 06:23 PM
 
Location: The Beautiful Pocono Mountains
5,450 posts, read 8,759,049 times
Reputation: 3002
I don't think so, but you can try the Essex County Family Court website, if they have one. If not, you will need to call them.

If you can't get them online or by phone to Essex, try calling another county (Somerset would be a good one) and have them mail them to you.

Get the forms, and simply cross out anything that says "Somerset" and write in "Essex". Plead ignorance in the mistake, it happens. Fill them out and mail them certified, return receipt (or the equivalent in the UK), and then you play the waiting game. They will make the order retroactive to when you filed your motion, but not before that.

Best of luck to you.
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Old 09-22-2010, 06:36 PM
 
19 posts, read 29,681 times
Reputation: 12
Thanks, i'll give it a try.
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Old 09-22-2010, 06:50 PM
 
19 posts, read 29,681 times
Reputation: 12
One more thing please. What is the timeframe from motion to actual emancipation?
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Old 09-23-2010, 04:23 AM
 
Location: The Beautiful Pocono Mountains
5,450 posts, read 8,759,049 times
Reputation: 3002
Usually 6-8 weeks, depending on backlog....
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Old 09-23-2010, 05:31 AM
 
3,269 posts, read 9,932,105 times
Reputation: 2025
Seriously you should be ashamed of yourself. You forgot about the child support payments? Did you forget you had a son also? And now, of course, you want emancipaion so you have no more responsibility. Pathetic...
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Old 09-23-2010, 06:23 AM
 
19 posts, read 29,681 times
Reputation: 12
Excuse me. But, you don't know anything about me! I have giving all honest and forthcoming information. If you read my post you would see I have been trying in vain to deal with these jobsworths in the child support dept to no avail you will also see from 1996 until 2005,also from 2008-2009 when I was made REDUNDANT,(I did not quit my last job)! I was keeping my obligation. I do not have to justify myself to you or anyone else, I am here seeking advice. Not to be berated. Also my ex TOOK my son from me and denied me access, because she basically disappeared off the face of the earth. Since I was away serving your country, and not in New Jersey it was almost impossible to deal with an agency who gives a toss about you. Same old run-around. How dare you make an accusation of forgetting my son! Who do you think you are? I am so pathetic that I am an Operation Iraqi/Enduring freeedom veteran who defended your freedoms to post this. Don't judge me unless you read all of the facts! Unless you have some constructive advice, I would appreciate it if you kept your views to yourself! Thanks for your help Jerseyt719 much appreciated.

Last edited by Jim68; 09-23-2010 at 06:46 AM..
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Old 09-23-2010, 07:34 AM
 
Location: Savannah GA/Lk Hopatcong NJ
13,401 posts, read 28,714,749 times
Reputation: 12057
Is this where you are calling?
Essex County Family Division

Address: 212 Washington St. 10th Floor
City: Newark
State: NJ
Zip: 07102
Phone: (973) 693-5560
Comments: to establish or change
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