Legal Question in Family Law in New Jersey
Unpaid Chils Support - been laid off
My partner has been out of work since last october and we have been continue to pay child support up until last month because he got about 6 more months of his salary as a severance package, this month we are behind since we can not even afford it. His exwife is bringing him court for this. What do we do. I was told that we needed to file a motion to reduce the support but we were afraid that since he got this package and is collecting unemployment, instead of been reduced it would go up. Please advise, we need help right away.
3 Answers from Attorneys
Re: Unpaid Chils Support - been laid off
Well if you want the child support reduced, you will have to file a motion at some point. I would call legal aid and see if they can help you.
Re: Unpaid Chils Support - been laid off
Child support is based on need and the ability of the parent to pay. He has a lump sum available to him. He is in a poor position, presently, to apply for
a reduction of his child support. It might help if I spoke with the parent.
Call me if you like.
Gary Moore,Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Unpaid Chils Support - been laid off
It sounds as if his severance has run out, so if he only has unemployment he can file a motion to reduce the child support. The forms are available online or at the Courthouse for your County. he should attach a detailed Certification explaining his efforts to get a new job and attach a Case Information Statement. This can be handled better with an attorney, but you have to decide if you have the ability to hire one.
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