Legal Question in Family Law in New Jersey

Child Support - Income Potential

An attorney had mentioned to me that in NJ child support calculation is based on potential of a parents income. My ex husband opted to leave a high paying job (low base + high bonus) for a lower paying job (mid base + mid bonus) because if offered him greater flexibility. Should child support calulcations be based on his higher/former paying position?


Asked on 8/27/08, 4:24 pm

3 Answers from Attorneys
Michael Berman Law Offices of Michael A. Berman

Re: Child Support - Income Potential

You should talk to that attorney, or find one you trust to help you. It will take a hearing, but you should be able to establish through income tax and paystubs the difference in income. If it was totally voluntary, in my experience he will be held accountable. If you would like to discuss this, get in touch.

Mike

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Answered on 8/28/08, 4:13 pm
Gary Moore Gary Moore Attorney At Law

Re: Child Support - Income Potential

Where a parent suffers a loss of income due to his own voluntary act his child support will be calculated on the basis of the income which he voluntarily gave up.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 8/27/08, 4:55 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Child Support - Income Potential

I would say so, but that doesn't mean it will be easy. This is called imputing income and I suggest at least calling an attorney before doing anything.

My initial consultations are always free, so call me at 732/247/3340 to discuss your case.

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Answered on 8/27/08, 6:05 pm


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