Legal Question in Family Law in New Jersey
Factors in determining child support
I pay 100% of all airline tickets for my son's visits from FL to NJ (his mother was to pay 50% if allowed to move to FL but hasn't). I 50% of my son's tuition and school costs. (His mother made the decision and chose the school without any consent from me and the Judge stated I am not required to pay. I pay because my son enjoys the school.) I pay for my son's medical, dental insurance and his life insurance policy naming him as beneficiary and 50% of any medical and dental balance remaining. The CS was based on a yearly salary that I do not make because I am a consultant and paid only when I work and I do take the days off when my son is here visiting. To avoid any heat from my son's mother, I wanted the CS to be based on me working full time even though I make 50% less than what was used when determining CS. I also wanted to ensure my son has everything he NEEDS not WANTS. I also pay for the airfare, hotel, car rental, meals and entertainment activities when I visit FL in order to participate in my son's school activities. I pay approximately $1150 a month for these added expenses on top of the $400 a month CS. Will the Judge take all of these added expenses into consideration when determining if CS should be increased?
5 Answers from Attorneys
Re: Factors in determining child support
Most typical cases are decided by applying the Child Support Guidelines. However, you have presented some factors that may persuade a Judge to go outside of the Guidelines and make a determination that would not strictly apply them. You would need to carefully present all of these factors in a properly worded Affidavit, as part of a Motion, to obtain proper relief.
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. Since it appears that you have not retained an attorney, you may want to contact a Family Law attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner
Re: Factors in determining child support
It depends. Why is the child support being increased? Is it a three year review? Did the mother apply for an increase in child support, and what state did she apply in? All of these are important factors, along with the issues you raised in your questions. If she applied for additional support, you should oppose this motion, and present all of this evidence to the Court.
Please call my office if you would like to schedule an appointment. My contact information can be obtained from the links below. Let my secretary know you found me through LawGuru, and I will give you a free initial consultation.
Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
Re: Factors in determining child support
I assume that a motion has been made to increase your child support payments. The question is what
is your average, weekly net income. If it is less than what you estimated you are entitled to a reduction in child support. If it is more than what you estimated there might be an increase in your child support payments.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Factors in determining child support
No attorney can give you a prediction or guarantee of what child support will be awarded, what amounts will be modified due to your personal circumstances. An experienced attorney can tell you what the attorney thinks is likely to happen.
You should do this with an attorney's assistance. You will be stuck with paying the results of this for many years, so give yourself the best possible chance to get a fair and reasonable result, hire an experienced attorney.
If you would like, give me a call; I am in northern New Jersey. I will discuss this with you; the telephone consultation will be free. I would be happy to help you out.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
Re: Factors in determining child support
Simple answer, a judge could and should but it will depend upon your attorney and the judge himself (or herself). I suggest you consult with some and get a good one if you want to ensure the best possible chance of getting the result you want.
My initial consultations are always free, so call me at 732/247/3340 and we can discuss the case.
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