Legal Question in Family Law in New Jersey
NJ Child Support Guidelines & Teachers
I have recently been divorced, but have yet to receive a decree. My ex is a teacher in NJ and is paid an annual salary over a 10 mo. period, & she is also contracted annually. They are trying to make me pay more support during the summer months while she is on her summer vacation, claiming she is ''unemployed'' for 2 months. Technically, if unemployed, she should be entitled to collect unemployment benefits during the summer, but she cannot because she is not unemployed. Guidelines are based on 12mo gross. Do I have a legit arguement? If so/not, why?
Thank you in advance!
3 Answers from Attorneys
Re: NJ Child Support Guidelines & Teachers
Yes, it is a legitimate argument, but you said you are now divorced and awaiting the decree. Wasn't this issue resolved? Even if this is a legitimate argument, if you did not raise it before, it may now be moot. 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. You may want to discuss this matter further with your own attorney. Good luck! Rob Gleaner
Re: NJ Child Support Guidelines & Teachers
She has the option of being paid over a twelve month period. Her weekly net income must be calculated on a 52 week basis and it that weekly net income which be made part of the child support obligation.
On the other hand it might be alright to pay more in the summer if you pay less the rest of thel year.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: NJ Child Support Guidelines & Teachers
I generally agree with prior counsels' remarks. This issue is regularly dealt with where one party is a teacher. Leaving aside any agreement you may have made to the contrary, there should not be any increase in support during the summer months since, as previously noted, she could elect to receive her pay over a 12-month period.
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