Legal Question in Family Law in New Jersey
what ever happend to the childs standard of living
I have been seperated 10 years.I stayed married simply because I had no intention of remarrige and I got my health benefits paid. I am a teacher in a private school benefits are not provided and for me and my children they would cost 666.00 a month me alone 366.00. My husband became late on childsupport payments. paying every three months when he felt like it or at the end of the month after getting a letter stating i would ask to garnish wages. we went to court in june.my husband in that same month quit a job without having another and health insurance also ran out the end of the month.he had no medical reason documented but he claimed the warm weather was better for a neck injury so he moved to a warm climate. the judge reduced childsupport for 60 days and agreeed i should try to get insurance thru the state for me and the children. i was denied excetp my daughter got it. leaving me and my son uninsured. now my husband says he doenst make enought money to cover the child support order and needs to pay less because he earns less. what ever happened to the childrens rights this man willingly leaves a job without another he stops health insurnace for the children and now he will probably get support reduced. what rights do i hav
1 Answer from Attorneys
Re: what ever happend to the childs standard of living
This is just my opinion based upon hearsay from clients, but it seems like the law goes out the window when you don't have an attorney. It seems that is what happened in your case. You cannot just quit your job to stop paying child support. Unless a person has a good reason for being unemployed or underemployed, their income will be imputed, that is, for calculation purposes, their income will be put at the amount they were making or could make. This will result in a higher child support payment.
At this point, I would suggest getting an attorney if you could afford it. Relatively speaking, it won't be that expensive as this is not a complicated issue for an attorney to resolve. Most attorneys, such as myself, have free consultations so it won't cost you anything to meet with one of us.
You can call me at 732/247/3340 to discuss your case. I have offices in New Brunswick and Toms River.