Legal Question in Family Law in New Jersey

Child support ruling

My spouse had a divorce settlement agreement with her ex-husband which stated that they were to have joint custody of their son. the child was to reside with the father for the purpose of being able to write him off on his tax return. The agreement also stated that the father was not going to seek child support. Suddenly, when he found out that we were having a baby, he decided to file for child support. When he send the court papers he clearly lied about his incomme and expenses, he claimed he only makes about $30,000 when in reality he makes over $100,000. The papers were completly falsesified, and he did not filed thru his lawyer. On the other hand my girlfriend makes about $31,000 and has two other kids, her ex only one. Even though he lye on his court papers,from the ammount of money that he claimed he makes to the ammount he says he spends a month on a hair cut,this from a man who is 95% bald. My question is, can he possibly get away from witholding the proper info. The mother is not saying that she won't pay if she has to, but can he get away with this? isn't joint custody 50-50? What can we do to prove that he is being dishonest. Can we use a copy of his credit report, and if so will that be legal?


Asked on 10/04/02, 9:08 am

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: Child support ruling

Your spouse certainly can contest this and she should. The way to do it is by providing to the Court an Affidavit in response to his Motion stating the inaccuracies in his application, attaching (if you have it) documentation establishing her position. The best opposition would be made with the assistance of an attorney. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Your spouse needs to contact an attorney (either me or someone else) to discuss the matter in more detail. Only then will she be able to rely on the advice. If she calls me, [856-546-8010] tell her to mention Law Guru and her first one hour consultation will be free. Good luck! Rob Gleaner

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Answered on 10/04/02, 10:50 am


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