Legal Question in Family Law in New Jersey

Can under employing yourself reduce a child support obligation?

Upon my divorce, in my property settlement it was agreed upon that child support would be $130 per week for 2 children. My ex had always had a great income between $24 to $30 per hour as a heavy eguiptment operator. But he has now resently under-employed himself taking a job at $8.50 per hr and is still driving heavy equiptment. Since our divorce he has remarried an RN with an income far greater than I could ever make. He is well off weither he works or not. Now we are going to court because he feels that his support should be reduced based upon his income. He has written to the courts that he has had 7 surgeries since our divorce in 1995 and that he can no longer work at the same capacity. Can he get the child support lowered? Does the property settlement agreement have any weight with the court? I am already working 2 jobs now, what can I do????


Asked on 5/01/00, 7:42 pm

2 Answers from Attorneys
Edward Weinstein Law Office of Edward R. Weinstein

Re: Can under employing yourself reduce a child support obligation?

Thank you for your inquiry.

As my office handles many divorce matters, please contact my office at 732-246-0909 to discuss your case.

Very truly yours,

Edward R. Weinstein

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Answered on 6/15/00, 11:03 am
Robert Gleaner Robert A. Gleaner, P.C.

Re: Can under employing yourself reduce a child support obligation?

Your question cannot be simply answered. Whether or not his child support will be reduced will in large part be based upon whether or not he can convince the Court that he cannot make the amount of money that he was previously making. If the Court believes that he is making less money intentionally in order to alleviate his support obligation, it may impute income to him and not reduce the support obligation. This is a very fact sensitive situation and you need to have an attorney. If you want me to assist you, feel free to call me at 856-546-8010. Mention LawGuru and your first consultation will be free. Good luck! Rob Gleaner

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Answered on 6/15/00, 1:06 pm


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