Legal Question in Family Law in New Jersey
Need to cite law on Potential Earnings
My ex had well-paying day job and small side business. He got laid off from day job and got big temporary CS reduction; claimed to be looking for another day job, but instead spent his time working side business. He emerges from unemployment now saying he's working side business full time. He will claim to earn next to nothing when we go back to court. He has a long history of lying about income. He has no disability or reason why he can't find comparable job to replace day job. I have even searched and found multitude of jobs in his field with comparable pay and benefits. Kids are currently on reduced-cost state MedicAid due to his layoff (he's required to provide med. ins. per our PSA.)
Are there any cases in NJ which cite "potential earnings"? Isn't the burden of proof on him? I'm already "tapped out" between working FT and caring for the kids 24/7 (he never exercised visitation). I fear after hearing he'll get the day job and earn what he used to. Then the only way to see if he's making what he used to is to keep going back to court, which smacks of harassment. I'm not vindictive. I'm only requesting what's fair.
2 Answers from Attorneys
Re: Need to cite law on Potential Earnings
There is a line of NJ cases which allow a judge to peg support to potential, instead of actual, earnings if the Judge believes that the person is "underemployed". Some of the information that you have come up with would be helpful to your attorney in proving underemployment. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. It appears that you have not retained an attorney in this case; before you take any action, you should contact an attorney (either me or someone else) to discuss your matter in more detail and to take actions to protect you interests. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner
Re: Need to cite law on Potential Earnings
hi - the judge can impute income to him. but, it's always better to have a lawyer to represent you, rather than doing it pro se. sometimes, the intimidation factor helps. feel free to call me at 609 263-0089 if you have any further questions. good luck !!
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