Legal Question in Family Law in New Jersey
My baby boy
Im a single mom of a 3 month old - never married. The father has not returned any of my calls/e-mails & now I scheduled a date to appear in court next month for support, medicle, & custody. My question to you is- when having my son (early)- I was on bed rest out of the state. I was not able to get back to my place of employment before they fired me to to the baby being to small & to young (13 hour drive- without stopping from Ohio). Im staying with friends & family until my court case is threw. Then I hope to get an appartment. Is it in my best interest to find a part time job & pay for day care- or will he be responsible to pay more support if I continue to raise my child on my own & go to school -but not work until my baby is older. I have not spoken to him since Jan. & at this point in time- im beyond ''being nice'' anymore.
Basically- will he have to pay more in child support if I dont have an income of my own coming in?
-Thanks
2 Answers from Attorneys
Re: My baby boy
Child support is determined based upon both incomes. However, you have no income. Thus, he will have to pay more than he would have if you were working. He can move to impute your income because you are not working, but I don't see this happening yet because someone has to watch the child. Once the child is in school, then you will need a job or your income will be imputed. The court can't force you to work, but your child support will be reduced by the amount of income imputed to you or in other words, what you should probably be making.
Good luck!
Re: My baby boy
A parent's obligation to pay support is based on his or her income, not the income of the other parent. It does not matter what you earn because the child is entitled to as much support as each parent's income will provide.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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