Legal Question in Family Law in New Jersey

Child Support / Day care

My boyfriend's ex claimed to work 16 hrs a week while he was working 40 hrs a week when the CS was figured out. Although their hourly wage is similar, he was given the majority of the CS to pay based on her PT status. He was also ordered to pay 60% of any work related daycare. The ex has conveniently been working 40 hours a week since the divorce was final and charging for FT day care. My questions is this: do we have a basis for a amendment for the CS since she is now working FT hours and the CS would be figured on a more realistic amount? OR since the original CS amount was figured on her working 2 days a week are we still responsible for the additional daycare if she chooses to work more?

One more question if I may! Any legal recourse if the ex refuses to inform us of the childrens extracurricular activites such as communions or athletic events?


Asked on 4/30/03, 10:09 pm

1 Answer from Attorneys
Bruce Matez Gerstein Grayson, LLP

Re: Child Support / Day care

Generally an increase in income will be considered a change in circumstances warranting modification of child support. However, just because the mother's income has increased does not necessarily mean that the father's child support will decrease. The Custodial Parent is generally responsible to notify the non-custodial parent of the child's activities. If you would like to discuss this further, please feel free to contact my secretary Debbie at 856-795-6700 to schedule a consultation.

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Answered on 5/01/03, 11:38 am


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