Legal Question in Family Law in New Jersey
Child support increase
My boyfriend's ex wife has brought him to a mediator and had his child support tripled. She currently works part time and keeps her salary under the Bergen county limits so that she can continue to receive rent subsidy and WIC checks. She makes $333.00 per week (supposedly. From what I understand it was a messy divorce. Don't get me wrong my boyfriend is not the Family CIrcle dad of the year but has tried to at least have some sort of relationship with his daughter. She has not allowed my boyfriend to see his daughter who is now 17.
She has not asked for them to look into a raise in support since they were divorced 11 years ago. I know in NJ they send the forms out to request a review of the child support which she has never requested prior to this. Can she sit back and work 15 to 25 hours a week and get away with asking for more child support? He would like to appeal this but would like to know if he should retain a lawyer. At the hearing on Monday, they could care less what he had to say.
Thanks,
1 Answer from Attorneys
Re: Child support increase
Assuming that you have given all of the needed information (and no insult, I assure you, it is almost impossible for a person to give ALL of the critical information in a posting like this), then you may want to consider the following ideas.
the exwife can apply whenever there is a substantial change in his income, her income, child care costs (does not apply to 17 yr old), or several other factors.
can she work part time only? this will depend on several things, for example: does she have a reason why she can not work full time, like other small children (and even then, why not daycare?), or illness or disability, or other reason? if not, then the Judge should decide what she can earn and not what she actually does earn.
this is not a complete answer to your questions. Yes, your boyfriend should get a decent divorce lawyer and get some assistance.
he has already been through a hearing? what kind of hearing? a mediator? that does not sound right. a mediator tries to get the parties to agree, and is not a judge nor a hearing officer.
you need to have a divorce attorney help him. there is a good deal of money at risk here, and it is worth it.
If you would like, give me a call to set up an appointment; I am in northern New Jersey. A brief telephone consultation will be free. I will do what I can to help you out.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
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.