Legal Question in Family Law in New Jersey
child support
I am going to court to try and increase child support payments. I know my ex-husband is working a 2nd job under the table. What info do i need to bring to court to prove he's working a second job. I am going to court without a lawyer.
2 Answers from Attorneys
Re: child support
Hi,
I think the first mistake you are making is going to Court without an attorney. However, you have the burdern to prove there is a substantial change in circumstances to change support (if there is already a court order). See the case of Lepis v. Lepis.
You also have to prove he is working at the second job, and prove he is receiving income. It is not enough for you to state this in affidavit. You would need something from the employer, which an attorney could help you obtain by subpoena. However, if it is under the table, it is going to be very hard to prove, even with a subpoena.
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Re: child support
You need an attorney to help you.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com