Legal Question in Family Law in New Jersey
child support
I recently discovered that my exwifes attorney miscalculated child suport by not counting 30 days that my sons are with me based on filed papers. We have been divorced for a year now, can I motion a reduction in support retroactive to the first day?
Also, I have not made anywhere near what her ''expert'' said I should make, while she has made more. Can I motion for reduction base on this at the same time. My support payments are not making it to the kids, I want to reduce mandated payments so I can increase what I provide directly
3 Answers from Attorneys
Re: child support
Yes, you may seek an amendment on either of these basis'.
Feel free to contact us for assistance at 2127098303
Re: child support
you can file a motion to modify the child support award on both basis. If there was a miscalculation that was made in the initial child support award, then you are entitled to a reduction in the award amount. Likewise, if you are not making the income that your ex-wife's expert estimated that you would or could, and assuming that you can prove that you have been working at your reasonable capacity, then you should be entitled to a reduction in child support.
Re: child support
You will not get retroactive. You can file for a reduction for the two reasons you mention.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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