Legal Question in Family Law in New Jersey
Family Law Double Standard
In a recent Family Court appearance, the judge informed me that although you have been unemployed for two years, your support payments will be held at the same level ($800 per month for one child, 19 tears old) because you have the CAPABILITY of earning a salary to provide that level of support. However, when incorporating my daughter's wages from summer employment, my ex-wife stated she makes only $100 per week, an amount the judge readily accepted. I argued that the same CAPABILITY reasoning should be used. Even if she worked at minimum wage, that's over $240 per week. Why wasn't that figure used? That thinking seems to be inconsistant or is there another agenda at work here?.
1 Answer from Attorneys
Re: Family Law Double Standard
The Child Support Guidelines and case law require the Court to consider the earning capacity of an individual and a temporary loss of employment does not generally constitute a basis for reducing support. There is no correlating law pertaining to the income of a child. I am not sure if you are saying that your child earns $100 per week or if it is her mother who earns $100 per week. If it is the mother, then the Court should utilize and earning capacity based upon her earnings history. If you would like to further discuss this issue, please feel free to contact my secretary, Debbie, at 856-795-6700 to schedule a consultation.
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