Legal Question in Family Law in New Jersey
Interstate support issues
I live in New Jersy, my ex-wife moved to CA with our son in 1999 (with my permission, after she signed an agreement stipulating custody and support) for a new job. She re-married and has 2 additional children from the 2nd marriage, and has been on disability since Sept. last year (after the birth of the 2nd add'l child). The agreement stated I pay her a fixed $ amount for support, and she would pay for travel back and forth for my son to visit 2x per year.
She is now asking for additional support, as her disability is of ''an undetermined length'' and her current income is about 20% of what it used to be. She is also asking that I pay for all the expenses for flights. Is there any formula normally used to determine who pays these costs? And if I end up paying for my son's airfare, will my supprt be reduced by a similar amount to offset the extra expense I incur, since she is the one who moved?
1 Answer from Attorneys
Re: Interstate support issues
I assume that your wife is asking for additional child support because her remarriage should negate any entitlement to alimony. I would think that her loss of income will not effect your basic child support obligation because it rises and falls with the amount of income.
As for the cost of air travel, that will probably fall more on your shoulders, at least temporarily.
If you wish to discuss this matter further you can call me.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
www.garymooreattorneyatlaw.com
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