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.


Asked on 5/18/06, 11:11 am

2 Answers from Attorneys

Philip Burnham, Esquire Burnham Law Group, LLC.

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.

My office has been in business for over 10 years and has many satisfied customers that we can provide as referrals.

Please call my office if you would like to schedule an appointment. My contact information can be obtained from the links below. Let my secretary know you found me through LawGuru, and I will give you a free initial consultation.

Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 5/18/06, 12:57 pm
Gary Moore Gary Moore Attorney At Law

Re: child support

You need an attorney to help you.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 5/18/06, 1:17 pm


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