Legal Question in Family Law in New Jersey
1995 divorce agreement vs child guidlines
While creating our divorce agreement we did not use child guidlenes nor were they ever referenced. When I aksed my ex to help pay our daughters car insurance. He keeps refering to the child guildlines. Saying that the money he provides should cover his share. There is no specific mention of car insurance in our agreement either. He pays $1600 a month. Do child guileine have any merit in our divorce relationship since they were not used in drawing up our contract?
3 Answers from Attorneys
Re: 1995 divorce agreement vs child guidlines
The guidelines do require under Rule 5:6A that a copy of the sheet be attached to the judgment at least now they do. It's doubtful that yur child was driving then. You might be entitled to get the suport increased dpending on what's been going on. The other attorney is right and if the earnings have increased or not gone down, the child's needs have increased in 12 years. You may seek to file motion looking at the NJ judiciary web site forms or better yet get a lawyer that does this work--looking at the web site for explanations of what a motion will entail will also operate to prepare you for what documents you will need to be ready and spend less on a lawyer if you do some foot work in preparation. You will generaly need to have the last support order, the old and new Case Information Statements, your last three pay stubs and last years' tax returns and give examples of how the child's needs have increased.
Re: 1995 divorce agreement vs child guidlines
I have read what the other attorney wrote. He is completely correct.
$1600 for one child would indicate that he earns a very decent income.
You really need an attorney to assist you on this. Please consult a lawyer.
Re: 1995 divorce agreement vs child guidlines
Child support can change based on greater or lesser income and how the child support guidelines are structured. After ten years it is probably time to apply for increased child support based on circumstances now, IF HE EARNS THE SAME OR MORE MONEY.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymoorettorneyatlaw.com