Legal Question in Family Law in New Jersey

Child Support Calculations

My former spouse and I divorced in Philadelphia,Pa. 4 years ago. He now lives in Sewell, NJ and I live in San Antonio, Tx. He has primary physical custody of 3 of our 4 children ages 19,15 and 14 and I have custody of our 20 year daughter. The two oldest children are in college. I was required by our divorce decree to pay him child support for three children and on the advice of his attorney and against my wishes,he has been deducting the child support from my spousal support (not following the terms of our divorce)for the past year and a half. He has been keeping child support for our 19 year old because he says it's NJ law for both parents to pay for college (he has not been doing the same for our 20 year old). Our divorce decree did not address college expenses. My spousal support will end 3-2005. We are both remarried. He is a physician and I am a part time insurance salesman. I cannot afford an attorney to challenge the fact that he has not followed the terms of our divorce agreement or provided me with any legal paperwork for the transfer of custody or child support. Whose state laws apply? What are my options? Does the income of our new partners figure in to support calculations? How should I proceed?


Asked on 4/30/04, 2:45 pm

1 Answer from Attorneys
Bruce Matez Gerstein Grayson, LLP

Re: Child Support Calculations

Most likely, if you entered into an Agreement when you divorced, it stated that the law of the state where you divorced applies. However, if not, NJ law may apply to those children residing in NJ. I am unclear as to why you are still receiving spousal support if you are remarried. Generally, alimony/spousal support terminates upon remarriage. I would suggest that you file an application for enforcement in Philadelphia.

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Answered on 4/30/04, 3:29 pm


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