Legal Question in Family Law in New Jersey

How do you get an increase in child support when I lost my job? It has been 7 years going on 8 since I had an increase. my custody paper say I get 42%toward my children I have 60 percent custody and he has 58% towards kids he has 40 percent custody. He pays 238 per week now and it has only gone up every 3 years do to cost of living increase maybe 20 per week at most. He made 70,000.00 when divorced in April 2003 and now makes 120,000.00 now. I have never taken him for more child support we lost our home and now I have lost my 2nd job in one year do to cut backs and my contract at work was never honored. I am frustrated and know he was abusive to me and the kids and arrested do to harmful things ...he is controlling and I fear getting more money from him since this is the reason was abusive before...he hates giving up his money ...the courts don't care about flattened tires...distress on kids manipulations of everyday things based on his having to pay more....i wanted to do it alone...I can't i need his help with paying what he is suppose to....do I have a chance at getting more money when i am not working right now more than part time ....having been in the dental field for 24 years. I make only 18 to 20 dollars per hour. Is this the base pay they will calculate? Our court papers have taken out his part for kids medical and after taxes calculated his payments for child support. Has anything changed over 7 years? Thank you, almost homeless in New Jersey with 2 children 12 and 14 years old

Asked on 7/29/10, 10:15 am

2 Answers from Attorneys

Philip Burnham, Esquire Burnham Law Group, LLC.

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To recalculate child support, you need to show the court a significant change in circumstances under Lepis v. Lepis. Usually time alone will qualify, and a change in a parent's income and circumstances would also provide a reason to review the child support. From the facts listed above, it appears you have several reasons to ask the Court to review your child support. I would need additional information to provide a more detailed answer.

I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.

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Answered on 8/03/10, 10:29 am

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