Legal Question in Family Law in New Jersey
Child Support Recalculation
Alimoney to my ''X'' will be ending
within the next few months after 5
years. As part of our divorce
agreement, child support was
calculated on me paying alimony and
a 'low' imputed income to her of only
$20,000. I know she plans to
petition the court to recalculate with
the pending alimony change and her
knowledge that I have received some
cost of living adjustments to increase
my salary over the last 5 years.
Important though is the fact that
part of the divorce decree was the
need for her to find a job. She still
does not have a full time salaried job.
She is facing very significant financial
problems with the mortgage etc.
She will try to say she has had some
hardships, but reality is that she has
not worked for over the last 16 years
and is either is unemployable
(mentally disabled) or just to lazy to
work. What are my options to fight
this. Is there a way I can file for full
custody for the boys to live with me
based on some sort of incompetence
or unfitness on her part?
4 Answers from Attorneys
Re: Child Support Recalculation
You can try but the incompetence or unfitness must be significant.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymoorattorneyatlaw.com
Re: Child Support Recalculation
You can try but the incompetence or unfitness must be significant.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymoorattorneyatlaw.com
Re: Child Support Recalculation
You have two issues. First is child support. You may need an expert to help you. Second is custody. I would have to talk to you about that in person. It is very detailed.
I have an office in Toms River so feel free to call me at 732/247/3340 to discuss your case.
Re: Child Support Recalculation
It appears you feel like she is going to petition to continue the alimony. If she does, it will be difficult for her to continue to receive the alimony. However, alot will depend on how your agreement was drafted, what kind of alimony you paid.
Next, the child support is dependent upon the income of the parties. If she is "under-employed" you can ask the court to impute income to her. You might need to have an expert prove what she is capable of earning.
Finally, changing custody or really the Parent of Primary is diffucult. You have to show a substantial change in circumstances along with some other factors.
I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.
Disclaimer: You can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
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