Legal Question in Family Law in New Jersey

Child Support and Spouses

I have been divorced for 3 years now and have been out of work for the past two (due to two back surgeries in 2004-2005). I no longer feel comfortable doing my old line of work (landscaping), so since 2005 I have been the sole caregiver for my girlfriend's 5 year-old son. My current child support obligation is $165 per week, plus $30 per week for arrears. I've been arrested numerous times in the past 2 years for nonpayment of support because I haven't had a job (my girlfriend makes $60,000 a year so it makes more sense for ME to stay home). If I were to get a full-time job at $400 per week, after paying $200 to support and $200 to childcare I'd be left in the NEGATIVE. My question is this: If I were to file a motion to have my support obligation lowered because I am now a ''homemaker'', does my wife have the right to ask for support from my GIRLFRIEND'S earnings?? We think my support obligation might be DOUBLE what it is now if that happens and it's really the only thing keeping us from getting married at the moment. Additional info: 2 children with ex-wife, she has a job and pays no rent living with her parents.

Thanks a bunch!!


Asked on 7/18/07, 1:45 pm

3 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Child Support and Spouses

You are required to work if you are able; electing to stay home is not going to be taken too well by the Court unless you are disabled.

If you are truly unable to work because you are disable it is expected that you apply for Social Security disability benefits; Social Security would make separate payments to your children.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Read more
Answered on 7/18/07, 1:59 pm
Robert Davies The Davies Law Firm, P.A.

Re: Child Support and Spouses

I have read what Attorney Gary Moore wrote,and he is right on.

You can not refuse to work and then say that you have no money. The Court will 'impute' income to you, that is, will state that you have to pay child support based on what you could be earning. Either your girlfriend pays you for caring for her son (IF that is IF that is the best paying job you can get), and you pay support based on that, or you go to work at the best paying job you can get and pay support based on your income.

You need to file a motion if you want to change the amount of support you pay. Why are you failing to pay and then going to jail? Do you not hear the Judge ORDERING you (it is not a suggestion) to pay the child support?

Sorry, but that is the way it is. Good luck to you; everyone knows that all of this is not easy to deal with. Your kids need your financial help.

Read more
Answered on 7/18/07, 2:07 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Child Support and Spouses

You are in a tough situation. An attorney could really help you out here but you may not have the money for one. I'd seriously try to find the money from somewhere to get one as these motions can be very difficult to win.

Read more
Answered on 7/18/07, 4:44 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New Jersey