Legal Question in Family Law in New Jersey

Child support modification when children are living at college

My husband was divorced in 1996. Child support was awarded at that time and has never been modified for cost of living. Both of his children attend college away from home for which he pays 60% of the tuition,room and board. His ex-wife is a self employed doctor who claimed her income was 20,000 at the time of the divorce. We have since found out that it is her practice to pay herself a small salary and to remove funds from her business account when making major purchases eg.cars, house renovations etc.

We are reasonably sure that her income has increased since the divorce. My husband's income has also increased by about 8% since the divorce. I have recently lost my job and am on unemployment. The children's mother has told them that they no longer have to comply with the visitation agreement when they are home so we do not see them as much as we did before they went away to shcool. Do we have a reasonable expectation to get the current child support reduced with both girls in college or are we likely to be hit with cost of living arrears that will increase child support payments?


Asked on 3/31/02, 1:18 pm

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: Child support modification when children are living at college

I am not quite sure what you mean by "living arrears", however, (1) a six year lapse, (2) an increase from $20,000 to a doctor's income combined with (3) the fact that the children are now in college would seem to me to be a "substantial change of circumstance" which is the standard needed to change the child support obligation. 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 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. Mention Law Guru and your first consultation is free. Good luck! Rob Gleaner

Read more
Answered on 4/01/02, 7:15 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New Jersey