Legal Question in Family Law in New Jersey
My fianc�e was slated to start paying child support in 2003 and was assessed to pay weekly payments based on what she made at that time. In 2005 she was reassessed to pay a larger weekly amount based on her new salary. Two years later she lost her job.
From that time until now she has had sporadic employment which has never paid a salary equal to the amount she was reassessed for. When she was not working and collecting unemployment weekly support was taken out. She is unemployed now and has been since the past couple of years and is now in arrears for a little over $14,000.
So my questions are the following.
1.) Is there anyway to have her case reassessed to reflect a different salary (not the original $42,000) since she is probably going to have to work part time (due to taking care of a child).
2.) Is there any way to have her arrears reduced to reflect the time she was either not working or not making the salary she was reassessed at?
3.) If she is allowed to have her case reaccessed is there any possibility that she will be taken into custody at the hearing because of monies owed? i.e. arrears.
2 Answers from Attorneys
While it appears that she may have had the right to obtain a reduction in child support years ago, there is a prohibition in New Jersey to give retroactive reductions in child support. It looks like that is what your fiancee would be requesting here. Without looking at the facts and issues more closely, it is difficult to say whether she could get around that or not. She should certainly get an attorney now to see what can be done.
Keep in mind that this advice is given based on the little bit of information that you have provided in your question. My advice may change based on other information. Further, no one can rely on advice from an attorney who has not been retained. You cannot rely on this advice because we have not personally met and you have not retained me as an attorney. If you have not already done so, you should immediately meet with a Family Law attorney for a full consultation before you take any further steps. Good luck! Rob Gleaner
first of all your fiance needs to retain an attorney. Secondly I agree with the previous answer that a retroactive reduction in child support is very unlikely. I would suggest filing a motion now to attmept to cut off further arrarages. I have never seen a person taken into custody for contesting child support without due notice being given by probatiion and the opportunity to be heard.
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