Legal Question in Family Law in New Jersey
Child Support adjustments.
My ex looking for an adjustment in funds because he is married and has 2 children with his new wife (who is employed). I am single and raising our 2 children and my 3rd child from my second marriage, alone. Can he actually get an adjustment and pay less? He is also trying to have our oldest son emancipated. he is 20 yrs old, and a full time student. Financial aid is helping but we have other expenses. Can I request an increase due to my own circumstances?
1 Answer from Attorneys
Re: Child Support adjustments.
The way that child support is calculated when a party has remarried and has other children is that two child support guideline worksheets are used. First, a child support guidelines calculation is made as to his child support obligation to his children by the second marriage. His income and her income are used in the calculation. Once his child support obligation is calculated, that number is inserted in the child support worksheet for your children with him. Actually, your obligation to your child in your current marriage would have to be calculated, too.
Then your income, his income, your child support obligation by your child from your current marriage and his child support obligation from his current marriage are insert on the worksheet and the computer program then calculates what he must pay to you for the support of your children with him.
A child, under the age of 23 years, who is engaged full time with college is not going to be deemed to be emancipated.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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