Legal Question in Family Law in New Jersey
Child Support and custody question
My ex and I divorced in Dec 2001. Because I was working multiple jobs at the time and because she was not working, I have a very large child support payment to pay each week. Due to this fact, I am still always working and hardly ever get to see my sons. In my lines of work, I am constantly called for overtime and therefore cannot schedule alternate weekends, vacations, etc. She has been very good with letting me pick the boys up (I have 2 boys under the age of 10 from the marriage) at short notice.
I have noticed a small downward spiral in my younger child's attitude, culminating in him running away from his grandmother this past Friday. The police found him a short while later. My question is this... is there any way that I can go to court in order to lower my child payments? If my payments are lowered, I will be able to 1) work less jobs, 2) be able to see my children more often and 3) be more active in their development of responsibility, of their growing, of their morals, of their senses of right and wrong; basically, their overall development. Thank you in advance.
2 Answers from Attorneys
Re: Child Support and custody question
If your ex-wife is working now or there are other circumstances different now than at the time of the divorce, then arguably there is a change of circumstances that may warrant you seeking a downward modification of the child support payments.
Good luck. If there is something further we can do, call or e-mail.
Re: Child Support and custody question
Your child support payments are based upon statutory guidelines which the court must follow, depending upon both your income and the mother's income.
The child support obligation may be modified by application (e.g. filing a motion) with the court, and demonstrating that a "change in circumstances" has occurred.
Your inquiry does not specifically indicate that any change of circumstances has occurred since the original child support order was entered; however, you definitely need to retain an attorney and provide your attorney with all the relevant facts and details.
I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:
(973)-605-8995
[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]
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