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Modification of Support Based on Children from a Subsequent Marriage

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  • 12-04-2014, 11:55 AM
    Novice
    Modification of Support Based on Children from a Subsequent Marriage
    My question involves child support in the State of: NJ

    Hi -

    I am scheduled for a support modification hearing. I am the PAR and child's mother is the PPR. Child's mother is re-married and wishes to claim the other dependent deduction for her 2 children from the new marriage.

    For purposes of determining the other dependent deduction, her current husband's income needs to be considered. Her current husband voluntarily left his full time and well-paying job to become a full time student. I asked the Court to impute income to the husband, based on his salary prior to leaving his job. In it's tentative ruling, the Court only imputed minimum wage income. Is this typical? I am essentially being penalized and having to pay increased child support due to my ex wife having 2 more kids with her new husband and he quitting his job.

    What argument (if any) can I make to the Court during oral argument?
  • 12-04-2014, 01:56 PM
    BooRennie
    Re: Modification of Support Based on Children from a Subsequent Marriage
    That you're not responsible for supporting her subsequent children.
  • 12-04-2014, 02:05 PM
    Novice
    Re: Modification of Support Based on Children from a Subsequent Marriage
    Thank you - that's my opinion, but is it legally supported, or is this just a matter of the Judge's discretion to impute minimum wage vs. prior earnings (or what he's capable of earning)?
  • 12-04-2014, 03:01 PM
    llworking
    Re: Modification of Support Based on Children from a Subsequent Marriage
    Quote:

    Quoting Novice
    View Post
    Thank you - that's my opinion, but is it legally supported, or is this just a matter of the Judge's discretion to impute minimum wage vs. prior earnings (or what he's capable of earning)?

    Its a matter of the judge's discretion to decide how much income to impute to him.
  • 12-04-2014, 03:37 PM
    BooRennie
    Re: Modification of Support Based on Children from a Subsequent Marriage
    Quote:

    Quoting Novice
    View Post
    Thank you - that's my opinion, but is it legally supported, or is this just a matter of the Judge's discretion to impute minimum wage vs. prior earnings (or what he's capable of earning)?

    CS is not going to be based on step-dad's anything.

    Go and read this site: http://www.njchildsupport.org/
  • 12-04-2014, 03:54 PM
    Novice
    Re: Modification of Support Based on Children from a Subsequent Marriage
    Quote:

    Quoting BooRennie
    View Post
    CS is not going to be based on step-dad's anything.

    Go and read this site: http://www.njchildsupport.org/

    41. The rules of The Court for “Other Dependent Deduction” in Appendix IX-A, Paragraph 10 are as follows:

    10. Adjustments to the Support Obligation - The factors listed below may require an
    adjustment to the basic child support obligation.
    a. Other Legal Dependents of Either Parent - These guidelines include a mechanism to
    apportion a parent's income to all of his or her legal dependents regardless of the
    timing of their birth or family association (i.e., if a divorced parent remarries and has
    children, that parent's income should be shared by all children born to that parent).
    Legal dependents include adopted or natural children of either parent who are less
    than 18 years of age or more than 18 years of age and still attending high school or
    other secondary school. Stepchildren are not considered legal dependents unless a
    court has found that the stepparent has a legal responsibility for the stepchildren.
    When considering the use of this adjustment, the following principles shall apply:
    (1) this adjustment shall be used only if requested by a serial-family
    parent and the income, if any, of the other parent of the secondary
    family is provided to the court;

    (2) if the other parent in the secondary family is voluntarily unemployed or
    underemployed, the court shall impute income to that person (see
    paragraph 12) to determine the serial family parent's obligation to the
    children in the secondary family;

    (3) this adjustment may be applied to other dependents born before or
    after the child for whom support is being determined;
    (4) this adjustment may be requested by either or both parents (custodial
    and/or non-custodial);
    (5) the adjustment may be applied when the initial award is entered or
    during subsequent modifications of the support order.

    - - - Updated - - -

    That site (www.njchildsupport.org) has a whole host of problems, ever since they redesigned it. I have to also explain that to the Court, because they apparently trusted the online records and the automated voice response phone system that is based on them when they drafted the tentative order. They don't reflect proper or up to date payments, which they'll admit to, if you actually speak with a representative.
  • 12-04-2014, 06:11 PM
    Dogmatique
    Re: Modification of Support Based on Children from a Subsequent Marriage
    Full text: https://www.judiciary.state.nj.us/csguide/app9a.pdf

    Dad, that doesn't mean what you apparently think it means.
  • 12-05-2014, 06:41 AM
    Novice
    Re: Modification of Support Based on Children from a Subsequent Marriage
    Quote:

    Quoting Dogmatique
    View Post
    Full text: https://www.judiciary.state.nj.us/csguide/app9a.pdf

    Dad, that doesn't mean what you apparently think it means.

    Dogmatique - thank you for pointing that out! I was able to pull the NJDOL wage records for the stepfather's former job, which apparently is what the Court should be using to impute income. I will give it a shot...
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