Legal Question in Family Law in New Jersey
Child Support
My annual gross salary is about 100k. For several years I have been paying $316 per week in child support for two children living with their mother. Now, years after the Order, one child will be graduating from college, while the other will be a Junior living at college. What expectation should I have for a reduction in my child support obligation, given there will be a separate negotiation/order for paying for college. My ex wife, who was earning about $35k a year, was recently laid off from her job.
2 Answers from Attorneys
Re: Child Support
There will be a recalculation based upon the current, net weekly income and one child.
Gary Moore, Esquire
Hackensack, New Jersey
Recalculation of child support once college begins
Once a child goes to college, this is a time of "substantial change of circumstance" requiring a fresh look at the child support obligation. You could have requested this when your older child began school. Whether or not you are entitled to a reduction in child support, however, depends on many things, including payments made for the child's education, your needs in connection with the continued support of your child, where the child lives while attending college and the relative income of the parents. I cannot give you a good answer without more details as to your particular circumstances. In general, however, in NJ, the divorced parents are required to pay college costs in accordance with their ability to pay. This balance is calculated after all applicable loans, grants, scholarships, etc. In order to calculate the ability to pay, a comparison of the assets and incomes of the parties (and the child) is necessary. Keep in mind that this advice is based purely on the little bit ofinformation that you have given to me. There certainly may be other facts that would change my opinion. And, no one can rely on the opinion of an attorney who has not been retained. Before you do anything, you should consult with an attorney. I would be happy to discuss this matter with you if you would call me at 856-546-8010. Mention Law Guru and your first one hour consultation is free. Good luck! Rob Gleaner