Legal Question in Family Law in New Jersey

Order Barring My Filing a Lepis Motion to Reduce Child Support

In Jan 2007, I went to court to have my child support obligation reduced. Initially, when I divorced 3 years ago, I had agreed to an amount of support nearly 3x the required guidelines. The support was nonetheless predicated on my annual income of $175,000, and hers of $45,000. We have 1 child who is 7. The court reduced my support from $2700/mo to $1900/mo (last year), still 2x the required support based on original guidelines. My income dropped to $70,000 in 2006, and is $80,000 in 2007. The judge at the time in Jan 2007 'imputed' an income for me of $120,000, because he felt I was 'capable' of earning that much. He also barred me (for 2 years)from filing a Lepis motion to further reduce my support. 1 year later, I still cannot afford to pay the amount the judge awarded to my ex-wife.

I want to go back to court in spite of his 'anti-Lepis motion' order. Is there a way to do this. One attorney mentioned to me that since there was a 'significant change in circumstance', I should be able to 'ignore' this order.

Also, is it possible to completely re-write a PSA due to the fact that both parties were addicts at the time it was agreed to?


Asked on 1/03/08, 1:59 pm

1 Answer from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Order Barring My Filing a Lepis Motion to Reduce Child Support

You make $80,000 but it seems like you want free legal advice. You have too many issues to resolve on this board. You really should have an attorney to help you here. If you have been doing this by yourself, you now know what can happen. Not that you always need an attorney, but there is a reason why there are so many of us and we can still charge what we do.

Read more
Answered on 1/03/08, 2:13 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New Jersey