Legal Question in Family Law in New Jersey
State: N.J. , 2 jobs- laid off from one of them/ child support payments...
Hello all :) - I live in NJ & had my son 4 months ago. Today was the 1st day in court (Im going for custody/child support). I have'nt spoken to my ex. Boy Friend since Jan. (He would not return e-mails or calls). My ? is ... Up until 2 weeks ago he was working 2 jobs. 1 full time (for years now) & 1 part time (for the summer). He no longer has his part time job (I believe he might of been laid off for the fall/winter). It will be several weeks before they figure out an amount he has to pay in child support (paternity has to be done first). Will the court only ask him for his last few pay stubs - Or does he HAVE to show ALL he's made? Im not sure if they only go back a couple of weeks - because by the time they figure the amount out, his second job will no longer be in the time frame within the last few weeks (instead it will be about a month or 2 later). AND am I able to ''mention'' to the court that he did have this job ''months ago'' *** or it will be months ago once all is calculated.
2 Answers from Attorneys
Re: State: N.J. , 2 jobs- laid off from one of them/ child support payments...
I would need to know more information. Its a rare situation for someone to have two jobs like that and then just quit one all of a sudden. Normally, a person that is voluntarily underemployed can have their income imputed which means the court can't force them to work but the child support would be the same if they were still making that amount. I would need to know why he stopped that other job. If he was really laid off, then its not voluntary. So, they will only use his income for the one job. However, if he does get another job, you can take him back to court to get it changed.
You probably don't need an attorney, but it may not hurt to have one with you to make sure you are getting everything you should. I see a lot of child support calculations done completely wrong when you don't have an attorney. Make sure you get a copy of the guidelines work sheet so you can see exactly how they figured out that number. Feel free to call me if you have any other questions.
Good luck!
Re: State: N.J. , 2 jobs- laid off from one of them/ child support payments...
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