Legal Question in Family Law in New Jersey
increasing alimony payments
I am divorced a year. My 3 children are emancipated. Two live with me one of which I pay most of her expensives...because she doesnt make enough. The third has all of college loans and my ex refuses to pay I pay $200 a month toward her college loans. He contributes nothing to any of the children. He is remarrying and is renting out his home for $1200 a month. Can I take him back for an increase in alimony?
2 Answers from Attorneys
Re: increasing alimony payments
Once a child goes to college, this is a time of "substantial change of circumstance" requiring a fresh look at the child support obligation.
Whether or not you are entitled to an increase in child support, and also the amount of your ex's contribution to any college costs, depends on many things, including your needs in connection with the continued support of your child, where the child lives while attending college, reasonable contributions by the child and the relative income of the parents. I cannot give you a good answer without more details as to your particular circumstances. Remember that in general, in NJ, divorced parents are required to pay college costs in accordance with their ability to pay. This balance is calculated after all applicable loans, grants, scholarships, etc. In order to calculate the ability to pay, a comparison of the assets and incomes of the parties (and the child) is necessary.
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 facts that would change my opinion. And, no one can rely on the opinion of an attorney who has not been retained. Before you do anything, you should consult with a Family Law attorney who practices in the county that has jurisdiction over your case. Good luck! Rob Gleaner
Re: increasing alimony payments
You have the concepts of alimony, child support and college expenses all working at the same time here. I would have to sit down with you and sort everything out and look at all of your paperwork. You shouldn't have to pay everything and you should probably get more money but how much and what you would call it (almony vs child support) I cannot determine with the limited info I have.
My initial consultations are always free, so call me at 732/247/3340 if you'd like to discuss your case.