I am a ncp, I allowed my ex to move out of state with our son. She is now requesting an increase in child support. I have no problem with that, since it has been three years since our divorce and I am not making more money. I want to know if the court will factor in that she now lives in a state with a lower cost of living and that now for two months he lives with me. Also, I am not certain she is gainfully employed and can be, will I be penalized b/c she does not want to work and can? I know they look at W-2's, which will likely indicate she does not make the same money she did in NJ, but will also reflect she is not working. I want to do right by my son, but I do not want to be responsible for her share of his support. Will the court take into consideration that her cost of living is less? In addition, she had a significant amount of debt prior to our marriage and now since her move, am I responsible for that. Does the court look at her financial issues?
2007-08-26 07:10:08 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
It depends on what the state laws are the divorce and court order are from. Some states do and some do not.
Most likely you will not have to pay more. If you do it might be $50 to $100 more.
2007-08-27 11:12:27 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I'm not a professional, but have been through the child support courts more times than anyone should ever have to, and this is what my experience has told me. First, child support and debts are two different issues. Any joint debt incurred in the marriage has to be addressed in the divorce agreement. Any debt she had prior to the marriage should not be your responsibility, unless you consolidated it into a loan in your joint names. I have never heard of a court taking into consideration cost of living in different states. They have a formula (as I'm sure you know) and they plug in the income of both parents. The formula is no doubt different from state to state, and it will depend on what state your case is being handled by (yours or hers). As far as her choosing not to work, or work only part time, this happened in my case (I'm the CP and the NCP wasn't working) and the judge plugged in a number which reflected what he could have earned if he worked full time at minimum wage. Unless the person is disabled, the courts assume that they are able to get a job making minimum wage, so they assess them accordingly. I also don't know about what will happen if your son lives with you 2 months of the year. My guess is that you will still be considered the NCP and have to pay child support year round. I hope that you get someone who is a professional in these matters to give you more accurate/specific information than I have been able to. Good luck!
2007-08-26 14:24:01 · answer #2 · answered by Sarah 3 · 2⤊ 0⤋
Is she filing for the increase in NJ or the new State? Most States now have a set equation for the amounts awarded. This keeps a judges personal feelings out of it. She really can't use lower pay rates as a reason for wanting an increase, since she was the one who decided to move. I would contact an attorney. You will need one anyways when the case comes up. Explain everything to them.
2007-08-26 14:20:12 · answer #3 · answered by sensible_man 7 · 0⤊ 0⤋
I have broken it down step by step for you in a long email, hope that helps but YES her money is more than looked at as well as yours, as for the debts, if you are divorced and these where NOT covered by the divorce then tough luck she is on her own with them,,,,they are not going to put your payments up just to pay off her debts. As for her giving up her job, maybe they will do like they did to my ex and tell him / her you have 3 months to get a job, and hold a decision till hat time whilst keeping payments at the same level till then.
IF you can do it at all maybe a nice savings account for your son, to help out with the big stuff as he gets older that you can give to HIM as he steps out in the world, that way he will see that not only did you pay what you was told to but also a bit extra that did not get absorbed into how the mum runs her money.
regards
2007-08-26 14:23:06 · answer #4 · answered by candy g 7 · 0⤊ 0⤋
You need to have your lawyer do a child support calculation. Lawyers have legal software where they can plug all those factors in and come up with a fair number.
Thanks for the thumbs down but that is how they decide. I worked in a law office for many years before attending law school. Good luck!
2007-08-26 14:13:59 · answer #5 · answered by Eisbär 7 · 0⤊ 1⤋