Legal Question in Family Law in New Jersey
I share 50/50 split custody of my 3 year old son. I'm a full time college student and only work part time. I've made the same amount per year for the past 3-4 years. After her attorney found out i was going to apply for child support her attorney emailed me telling me that if i were to proceed that the courthouse will enter my income as full time 40 hours per week which is not what i make. she currently makes more than double what i make as she doesnt attend school and just works. Will the courthouse actually enter my income higher than what it actually is or is her attorney just trying to scare me so i dont proceed with child support?
1 Answer from Attorneys
It is possible that a Court could impute your income to a 40 hour work week, but that is far from certain. The attorney is telling you what position she will take in Court. Depending on the totality of the circumstances, the Court may accept or reject that position.
Keep in mind that this answer is given based on the scanty information you have provided. My answer may change based on other information. Further, you cannot rely on this answer since you have not retained me as your attorney. To be sure that you have accurate information and direction, you should consult with a Family Law attorney. Good luck. Rob Gleaner