Legal Question in Family Law in New Jersey
child support COLA
I am aware that every two years my child support can be adjusted based on the Cost of Living Adjustment.
However I am curious as to whether my ex-wife can ask for additional adjustments based on my salary increasing as my career level improves. With her husband, she lives in a much more expensive neighborhood and house than my wife and I do.
4 Answers from Attorneys
Re: child support COLA
Yes, she can.
Re: child support COLA
www.garneslaw.com
The short answer is yes. Whenever there is a change in circumstances a party is permitted to file a motion seeking to change the support award. There are a number of things that you can do to challenge any increase in your child support including, but not limited to, pointing to the fact that your ex-wife maintains a higher standard of living than you and your current wife do and the fact that your wife receives support from her current husband.
Re: child support COLA
Yes, but that type of an increase would have to be by her taking you back to Court.
Re: child support COLA
Your child support obligation is based on what YOU
make. Together the two parents are each responsible for providing support to their child. As you earn more the child is entitled to more. If your wife has a million dollar a year income and you have an income which half that amount the individual child obligations are calculated by adding your joint incomes together; setting a child support obligation based upon same and then dividing that obligation on a prorated basis. The more you earn the more your children are entitled to and your children are entitled to live as well as you do.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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