Legal Question in Family Law in New Jersey
New Husbands Annual Income
I just recently filed a motion for the courts to re-evaluate my amount that I pay to my ex-husband for child support. I pay $47.00 per week towards our 19 year old son's college tuition and $69.00 per week for our 17 year daughter that lives with her father and still is in high school. My son has left the State University that I was paying 30% for and moved back home with his father and is attending a local community college 3 days per week at a cost of $660.00 per semister. Two things my ex seems to beleive that I should continue paying the full amount and also feels I should pay more then the tuition amount now he wants child support because our son is living at home.
He also wants the courts to include my new husbands annual income, my only income is a property division I receive monthly of $484.00 and the child support amount of $116.00 per week exhaust that. Where in the system does it allow a former spouse who makes well over $59,000.00 a year be able to get More money from their former spouse who only makes $5814.84 per year?? Do I have a chance asking the courts to look at my case and what do you think of this situation??
4 Answers from Attorneys
Substantial change of circumstance
It does appear to me that there has been a substantial change of circumstance which may require the Court to look at the matter. Whether or not you would pay more child support would depend on many factors. Perhaps you would pay less. However, no determination can be made before all factors are considered. 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 an 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, [856-546-8010] mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner
Re: New Husbands Annual Income
You should hire an attonney.
Re: New Husbands Annual Income
Your Husband's income is not relevant to the issue of child support. It should not be included in the calculation. However, your ability to earn income may be considered. The first issue to be raised by you is whether or not your son is emancipated. If he is not attending college on a full time basis, then you may be able to emancipate him and be relieved of any obligation to support him or pay for college expenses. Now that circumstances have changed, the Court is going to take a new look at this. It should not matter what you have been paying in the past. What is relevant now is your incomes and/or earning abilities, expenses related to your son, the costs of college, and status as a full time college student, among other factors. If you would like to further discuss this matter, please feel free to contact my secretary, Debbie, at 856-795-6700 to schedule a consultation.
Re: New Husbands Annual Income
There has been what the Court would consider a change in everyone's living situation, which the Court would call a change in circumstances.
The Court will look at the change of circumstances, your income, your ex's income, and use the child support guidelines to calculate support guidelines.
However, if your son is not attending school full time you might be able to have the Court declare him emancipated. I wish you the best of luck.
Important: Any information provided is offered for discussion purposes only. It may not apply to your specific factual situation or jurisdiction and cannot be relied upon without the advice of your own counsel. This communication does not create a client-attorney or any other client-professional relationship, and no one can rely on advice from an attorney who has not been retained. Please feel free to call me at 856-489-8888.