Legal Question in Family Law in New Jersey
Calculating Child Support
I need to have child support re-calculated and would like to know how to proceed. I live in Texas and three of my children (ages 20, 15 and 14)live with their father in Sewell, NJ. I cannot afford an attorney as I recently lost my job and have not found new employment. Our divorce was finalized in Philadelphia and my former spouse has never provided me with the paperwork that transferred custody/child support issues to New Jersey. We are both remarried. Will my spouse's income be used to calculate child support for my children? We have two children in college (one lives with me). Is child support due to them(this was not addressed in our divorce decree)? If I cannot afford an attorney what are my options? Any advice would be greatly appreciated.
1 Answer from Attorneys
Re: Calculating Child Support
Recalulation of your child support will NOT be governed by Texas law. Therefore, I am not qualified to answer any of your questions. But I can give you a couple of suggestions. If, as you indicate, nothing has been transferred to New Jersey, then jurisdiction of the case would be in Philidelphia. Try to contact a legal aid service in your old hometown where the divorce was finalized. Some legal aid programs will help only victims of domestic violence, however, some will help people that are down on their luck. The only way to know is to contact them and ask. You might also contact the Attorney General's office and they may be able to help you. Services to those down on their luck will differ from state to state. But those are two places where I would begin.
In Texas you would not be required to pay child support for the 20 year old. Child support stops at 18 or whenever the child graduates high school. Again it will depend on the laws of the state where you were divorced. However, look at your divorce decree and it should state when child support stops.
In regard to whether your spouse's income would be used to calculate child support again depends on the laws of the state. In Texas, a new spouses income is not used to determine child support.
In regard to the college kids, again it will depend on the laws of PA. But in Texas the court may consider the expenses you and he are providing for the college kids. However, if he is providing for one of them and you are providing for one of them, the court will most likely just consider that to be equal and not take either into consideration.
Good luck.