Legal Question in Family Law in New Jersey

do I have to pay child support?

I am a stay-at-home mother of two young children, 7 and 5. I haven't worked in 10 years and depend entirely on my 2nd husband for financial support. I have no other monetary assets or sources of income. my ex-husband has physical custody of our one daughter, 15, and wants me to pay him c.s. He makes $70K/yr and I make nothing. Can a judge order me to pay him? I've read the NJ Child Support Guidelines and they're not clear. When I run the sole parenting w/s with $0 income I owe him nothing. If I impute my income at min wage the end result is negative. However, he insists I owe him something because he has custody.


Asked on 1/17/08, 12:02 am

3 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: do I have to pay child support?

Child support is based on Child Support Guidelines in New Jersey and is basically determined by taking the income of each of the parties and also some other factors and plugging same into a set formula that has been determined by a committee of the New Jersey Supreme Court. Besides including the income of the parties, the amount of time that each party spends with their children is also a factor so that essentially, in some sense, the more time that a parent spends with the children, the lower his or her child support obligation will be. There are also several other factors that go into the equation, including the requirement to pay child care and other factors. The only way to make a definitive answer as to how much the child support obligation will be is to have all pertinent information available and then utilize the guidelines step by step in order to find the ultimate amount.

This gets even more complicated when each of the parents has primary physical custody of one or more children. In any case, based on the factual scenario you have presented, it does not necessarily appear that you would pay child support.

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. Good luck! Rob Gleaner

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Answered on 1/17/08, 6:41 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: do I have to pay child support?

There's only one way to find out. Go to court and run the numbers. I think you will have to pay him, but it probably won't be much.

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Answered on 1/17/08, 11:26 am
Robert Davies The Davies Law Firm, P.A.

Re: do I have to pay child support?

You may have to pay child support, but what you really need is to get a divorce lawyer to assist you.

Now, dont take this wrong, but let me summarize:

you are going to start a divorce. You have to deal with it very soon.

you do not have a job. your spouse does have a job.

you have kids. custody/vistation and child support are issues.

child support and college tuition needs to be paid. measured in tens of thousand of dollars.

you probably have a house, and maybe some money saved. you have a pension plan. your spouse has a pension plan.

and you want to do this without an attorney's advice.

Nothing that an attorney can say over this bulletin board can come close to helping you solve your problems. Careless actions by you will likely cost you thousands of dollars, make your life more difficult, and possibly cause additional harm to the kids.

Hire an attorney. Go see an experienced divorce attorney located reasonably near you, and pay the attorney to review your situation carefully with you, and give you some guidance.

Go hire a lawyer, and figure out what you want to do.

If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 1/17/08, 12:11 pm


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