Legal Question in Family Law in New Jersey
child support
I have been paying alimony and child
support for the last 6 years and it
was based on my salary of $100,00
per year. Now I am just paying child
support and it is still based on an
agreement we signed when we got
divorced in 2005. Since then, I have
left my high paying job (not fired, not
laid off, but circumstances forced me
to leave), and am following my
dream of being a photographer and
am now only earning approx 60,000
per year. I can hardly afford to keep
paying the $1450 a month in child
support that was based on my
previous salary of $100.000. How
can I legally lower it to a more
reasonable amount? The child goes
to public school and lives with his
Mother and her fianc�. Any advice
would be very helpful like citing any
legal precedents etc...
Thank you for your time
3 Answers from Attorneys
Re: child support
There is no relief for someone who voluntarily significantly reduces his income. To get a reduction in your support obligation you would have to demonstste that circumstances forced you to leave.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: child support
I agree with Mr. Moore. In addition, there is no point in any of us giving you cases to support your position. Often times, its not what you say, but how you say it.
This case should not be expensive and if you win, you will get your legal fees back in the long run. I suggest you get an attorney to do this for you as you have the money to do it. My initial consultations are always free, so call me at 732/247/3340 to discuss your case.
Re: child support
I agree with my law guru colleagues that citing precedents is not key sometimes it is how and when to cite them and where are the exceptions to the rule.
A "voluntary" reduction can lead to criticism by the courtwhen rulinmg on a reduction application. Also how much does your ex make now? Are there other children? Does her spouse's income play a role in the ODD?
Also now that you are not paying alimony your income available for child support may require you to re-calculate and reconsider things things--- for this a lawyer is your best bet.
We pay hunders of dollars to have the child support programs that our courts use and we constantly need to study the Bible of the Child Support Guidelines to properly apply thee often sticky rules.
Do yourself a favor and have a consult--it could save you a lot more than it would cost. Do not be penny wise and pound (dollar) foolish as they say.
Best of Luck with pursuing your dream.