Legal Question in Family Law in New Jersey
Non-Custodial parent works part time
My son's father works Pt & gives me ($70) a week. Our son is 4 months. I tried to obtain help through the state but was denied because of my salary, which is $28,500. I rent a room & I have to locate an apartment by Feb because they are selling the house. His father is a full time college student who works part-time at $10 hr, 20 hrs a week. I have suggested ways that he can help me but he clms he can�t afford it. With paying for the necessities such as milk, childcare, and health insurance ($180), rent, car note, insurance, laundry & a small amount of food for myself, I have only $40 left. My bills are so far behind that I fear garnishment. I am currently looking for another job so obtain a salary increase but the job market is extremely bad. Even though he works part-time he brought a truck at $150 a week until Mar? He always has new clothes and shoes plus he receives section 8 through the state. It is backwards that someone that isn't really needy can find help but someone like myself is denied. I wanted to know if I file child support against him would the court encourage him to work more hours? Is it true the court will reduce his payment because of my income? I am afraid my son & me will be homeless in Feb.
2 Answers from Attorneys
Re: Non-Custodial parent works part time
Unfortunately, I cannot give you a good answer without knowing more details about your income, his income and other costs, such as child care and health insurance. Once that information is obtained, a determination can be made as to how much child support you would be entitled to. If the Court believes he is "under-employed" it would impute income to him, so that the child support amount would be increased. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There 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, before you take any further action, you should 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. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner
Re: Non-Custodial parent works part time
Your income does not have any effect on his child support obligation. The court will require that he obtain work at a level at which he is qualified and able to work.
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