Legal Question in Family Law in New Jersey
Child Support Issue
I am obligated to pay child support for my two children. This summer I am getting married. Can my ex-wife ask for an increase of support based on our joint incomes?
1 Answer from Attorneys
Re: Child Support Issue
Of course she can ask! The issue is whether she will win. In order to obtain an increase in child support, the person making the request must first establish a "substantial change of circumstance" which, in most cases, must come from her side, not yours. Once she established a substantial change, then she is entitled to see your income situation to determine whether an increase is warranted based on relative incomes. In only the rarest of circumstances will your new spouse's economic circumstances be relevant. (Example - Person earning $20,000 per year marries a multi-millionaire and as a result, has no expenses whatsoever. While the income itself would not necessarily be relevant, because there are no expenses anymore, the child support could conceivably be increased.) In any case, you should really review this situation with an attorney before you get married. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There 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, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner