Legal Question in Family Law in New Jersey
Unprofessional Judge
Can a superior court judge in Paterson, NJ take the same amount of child support from me if I am now earning 26K/Yr. when I was earning 40K/year. He said that I didn't look hard enough. I have been looking for 4 months now and had to finally take a job to support my children.
3 Answers from Attorneys
Re: Unprofessional Judge
yes he can. and he did. there are several factors which the Judge looks at in deciding whether to change the amount of child support. you pretty clearly did not convince the Judge that your real earning capacity is only $26,000.
If you did not have an attorney, then get one. If you did, then ask your attorney. You need expert advice as to what, if any, options you now have.
Re: Unprofessional Judge
The problem is that the judges tend to view the husband/father as trying to avoid paying much trial support and this is often the case. You might consider making another application to reduce child support with documents
proving you applied for and did not get a good number of jobs before you took the one you have. Also you might want to document why you lost the job that paid $40,000.00.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Unprofessional Judge
As the other attorneys said, yes, he can. However, it should be upon application from the other side. I'm not in my office, but I seem to remember that only being permissible when there is an actual application. However, I've seen Judge's do it sua sponte all the time. In order to really put forth a good legal argument, I suggest getting an attorney to file a motion to reconsider ASAP. Otherwise, I suggest filing an appeal. Again, you'll need an attorney to do that.
Feel free to give me a call at 732/247/3340 if you'd like to discuss your case more. My initial consultations are always free.
Good luck!