Legal Question in Family Law in New Jersey

Profit from house sale and child support

My son's dad is in the process of selling his house and will make a $120,000 profit. He is working on and off and has moved in with his new girlfriend. He has petitioned the court to reduce his child support payments. Will this money be counted towards his income? Also, he is a union worker and gets laid off quite often for some reason. He informed me that he would work as little as possible so he doesn't have to pay a lot of support. He makes $40.00 hour when working and filed while on unemployment. He now has this $120,000 to live off of. How will they determine his income? Also, how can I get my case changed to Florida because I cannot afford the expense of trveling back and forth to court whenever he feels like filing something. Court causes me to miss work and my son to be taken out of school to travel to NJ.


Asked on 7/26/06, 12:19 pm

4 Answers from Attorneys

Philip Burnham, Esquire Burnham Law Group, LLC.

Re: Profit from house sale and child support

Hi,

I would not wait. There are many things you can do immediately, but if you wait it might take too long.

First, if the home is in his name, you might be able to ask the Court to impose a trust of the proceeds or a portion thereof to cover support. I did not see whether he is in arrears, but this can be paid and must be paid from the proceeds of the sale.

Next, if you hire an attorney, you probably do not need to appear in Court everytime he files. I would be happy to assist you.

Please call my office if you would like to schedule an appointment. My contact information can be obtained from the links below. Let my secretary know you found me through LawGuru, and I will give you a free initial consultation.

Disclaimer: you can not rely on the advice of 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 7/27/06, 12:09 pm
Robert Davies The Davies Law Firm, P.A.

Re: Profit from house sale and child support

Your situation is fairly common, and I would be able to help you. You must fight him in Court, or risk having the child support reduced. I would need a bit more information to guide you as to what the child support level should be. If you can prove that he should be earning a lot more, then you may be able to have the Child support increased.

You do not need advice, I think. You need a lawyer. And yes, it may be possible to avoid having you come to New Jersey every time.

If you would like, give me a call; I am in northern New Jersey. The telephone consultation will be free. I would be happy to help you out.

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 7/26/06, 1:29 pm
Gary Moore Gary Moore Attorney At Law

Re: Profit from house sale and child support

Income will be inputed to a father who refuses to work. Also funds in his possession will constitute a part of the Court's consideration of the father's ability to pay child support

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 7/26/06, 1:50 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Profit from house sale and child support

He can't just stop working. You have several options, some of which the other attorneys have already detailed. You also don't have to keep going to court if you have an attorney for you. I suggest you speak with an attorney to find out all of your options and see where you want to go. My consultations are always free, so call me at 732/247/3340 and we'll discuss your case.

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Answered on 7/31/06, 5:50 pm


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