Legal Question in Family Law in New Jersey
child support guidelines
I am a 40 year old woman, with 2 children 8, and 12. I have been divorced for 7 years. I work 30 hours a week as a hairdresser and i make about 30,000 a year. My ex gives me $575 a week. I pay taxes on $375 OF it and call that part alimony. We didnt want to go back to court, so we kept the agreement the same evev though we were supposed to get rid of the alimony 2 years ago. I was only married 6 years . He has recently went thru another divorce and is telling me he cant give me so much. I am barely making it now , He makes about $120,000 a year .. I recently bought a townhouse after living in a condo for 5 years with his promise everything would stay the same. I want to know thw law as far as how much should i be getting. He does not take them overnight much...in the past not at all...but he recentle moved close by ... he still works weekends though and sees the kids on mondays and then whenever he can, which is not a lot
2 Answers from Attorneys
Re: child support guidelines
Your current rights are guided in part by what was occurring at the time of your divorce because any changes can only be made based on "substantial change of circumstance." That means that the person who is asking for the change (if no mutual agreement is reached) must establish to a Court what the situation was at the time of the divorce and how it has changed, adversely, to today so that he is entitled to relief. There is no way of determining exactly how much you are currently entitled to without looking at all of the facts and circumstances. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact a family law attorney in your geographic area to discuss your matter in more detail. Only then will you be able to rely on the advice. Good luck! Rob Gleaner
Re: child support guidelines
I would hope that your weekly payments are made pursuant to a property settlement agreement made a part of your final judgment of divorce. If this is so, you husband must abide by the agreement until such time as he convinces the Court that he sufferred a permanent, involutary and substantial reduction of his income.
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Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com