Legal Question in Family Law in New Jersey

a child support payment was calculated with inaccurate incomes during a default hearing that was rescheduled 25 days due to plaintiff not servicing th Defendant with the Notice of Equitable Distribution. Question is, should the court order be appealled or a Decrease Child Support motion be entered. If a motion, would the Defendant now be the Plaintiff?

Asked on 1/21/12, 8:39 pm

2 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

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In family law cases, once a Plaintiff always a Plaintiff and once a Defendant always Defendant. It does not matter. The Plaintiff is the first to file in Court and the Defendant is the second. As to the substance of your question, if there was a miscalculation due to inaccurate information being provided to the one who calculated the support, you can file a Motion for Rehearing on the issue and provide an Affidavit with your Motion indicating the accurate information. A recalculation can then be made.

Keep in mind that this answer is given based on the scanty information you have provided. My answer may change based on other information. Further, you cannot rely on this answer since you have not retained me as your attorney. To be sure that you have accurate information and direction, you should consult with an attorney. Good luck. Rob Gleaner

Answered on 1/22/12, 6:19 am

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