Legal Question in Family Law in New Jersey

Sharing expenses in joint custody when one parent looses rights to overnights
In October of 2003 I took my x husband which has joint custody of my son to court for custody because he was using drugs and alcohol and putting my son in dangerous situations.The judge took overnights away for 6 mos, we just had our review and my x had nothing to show the judge that my son would be safe with him so everything stayed the same. During this time, my x paid a larger portion than myself voluntaraly for day care and lunches, I asked him to help since I had my son on a full time basis. The very next day I find our he has an attorney to get the money back for lunches and day care. He did not have an attorney to get his rights back for his son but now wants half the money back he voluntarily gave me for my son. Does he have a chance to get the money since he has not provided my son his own place of residence for more than a year which is part of joint custody. He has been in and out of rehab and has not been involved in any activities. What rights do I have? I have provided food, a home, clothing, etc. and my x does these things periodically and thinks he is doing his part. Thank you.

Asked on 4/26/04, 3:20 pm

Gary Moore Gary Moore Attorney At Law

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Re: Sharing expenses in joint custody when one parent looses rights to overnight

A voluntary payment of child support does not create an entitlement to a refund of payments beyond the amounts of a child support order.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

Answered on 4/26/04, 3:34 pm

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