Legal Question in Family Law in New Jersey

(2nd family) filing for Child Support

My husband has an order in NY for Child Support for 2 kids - and we had a baby born in 2003.

We are in the process of seperating and according to the NJ guidelines my CS order would be for $53.00/week - (because we make almost the exact same salary) we BOTH agree that THAT is a ridiculous amount.

If he did not include the amount he pays out to the kids in NY MY son's order would be for 159.00 - which is a little closer to the amount we AGREED on ($200-250/wk since I pay for son's health insurace, college fund etc)

Would the judge allow us to deviate from the standard guideline? also, he fears that if he shows he can pay ME that much that the NY order will also be increased if she (his ex girlfriend) came back for a modification (since he'll be paying ME above the guideline amount)

he does not want to just PAY me - we both want a court order - he also doesn't want to pay me 'extra' if it's going to affect his NY order

if we came to an agreement on an amount would it be reflected as such on the court papers (if so would that affect his NY order) or would it be the ORDERED amount to pay - so that in 2 years he couldn't come back and say he wanted guidelines used and lower the support my son receives?


Asked on 2/08/04, 9:36 pm

1 Answer from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: (2nd family) filing for Child Support

I would think that a New Jersey court order for MORE child support would not justify the payment of MORE child support in New York because the New York order must be based on his paystub. A voluntary payment of more in New Jersey should not be of any consequence, but you could always confer with a New York attorney about this question. A consent order can be prepared by an attorney and signed by the two of you and filed with the court in New Jersey.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

Read more
Answered on 2/09/04, 7:13 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New Jersey