Legal Question in Family Law in New Jersey
Child Support Paid By Father
I have a court order child support amount that was decided by the court which at the time my exwife did not have a full time job. After the court day she went and got a full time job and our child now needs to be put into day care. My exwife wants 1/2 of the day care expenses. Is that fair that my child support stays the same and I need to pay for day care due to that her income has increased based on she went out and got a full time job. I also just recently had a child with my new wife, does that effect my child support amount to be paid for my child with my exwife.
One other question - at the time of my divorce the court ordered me to pay my wife back for debts incurred during the marriage which she claimed she paid out of her own pocket. I later found that she did not and she actually claimed bankruptcy. Due to that the monies I was to pay her back was ordered by the court, I continue to pay her back. Is that fair based on she claimed bankruptcy.
Thanks for your time and any advice you can offer.
1 Answer from Attorneys
Re: Child Support Paid By Father
The child support order would remain in effect until changed by agreement of the parties or Court Order. You have no obligation to pay for child care; nor does she have an obligation to give you a decrease due to her increased income. Both of these factors, however, may create a substantial change of circumstance that would change the child support obligation. Exactly how much is unknown at this time. An answer could easily be found by running the Child Support Guidelines with the new numbers. With regard to the debt issue, if the Court ordered you to pay money based on their belief that she was required to pay the money, but it was never paid, then you may have the right to apply to the Court to get it repaid to you. I'd need to know more details on this issue before I could give you a good answer. 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
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