Valerie Hemhauser

Valerie Hemhauser has over 32 years of litigation experience. As a highly experienced family lawyer, she is committed to providing quality and compassionate legal representation for families and individuals while formulating timely, cost-effective and ethical solutions.

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New Jersey

Since 1990

Rutgers School of Law-Newark

J.D. (1990)

NJ State Bar Association- Family Law Division

Member

Current

Monmouth County Bar Association

Member

Current

Legal Aid Society of Monmouth County

Executive Director

Current

Q. Hello, I have 3 children 21, 18 and 17. My 17 wants to live with me full time. We have joint custody. Is there a way?

November 21, 2018

A: It's always best to try to work out the issue directly with the other parent. If so, the terms of the new custodial agreement need to be made into a Consent Order and filed with the court. This way the terms will be enforceable if a future issue arises. It you are unable to obtain consent then you must file a motion or application in the court to modify the existing custodial order based on what is in the best interest of the child. Given the child's age, the child's preference will be taken into consideration by the court. For more information you should consult an experienced family law attorney.

Q. If parenting time is fully eliminated (court ordered suspension) can child support be increased?

March 30, 2018

A: The simple answer is yes. The non custodial parent receives a credit, albeit small, for his regular overnight parenting time expenses. If there are no overnights then a modification application would be made seeking to remove the overnight credit which will increase the support payment. There may be other changed circumstances and factors which may serve to increase support. To be sure you should consult with an experienced family law attorney.

Q. How much in child support arrears in n.j. before IRS can intercept your refund check

March 2, 2018

A: In NJ if the obligation is owed to parties receiving public assistance the amount is $150. Otherwise the amount is at least $500. The applicable probation department responsible for collecting the child support is usually the agency initiating the enforcement/ collection of child support arrears.

To be sure, your current circumstances to include any alternative options that you may have, should be reviewed by a family law attorney.