Legal Question in Family Law in New Jersey

Can child support be modified based on new spouse's income

If I married my boyfriend who is divorced and pays child support, would the ex spouse be able to apply for a modification to increase the child support based on my income? Both parents reside in NJ and the settlement was made in New Jersey.


Asked on 4/27/01, 11:43 pm

2 Answers from Attorneys

Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: Can child support be modified based on new spouse's income

Anyone can sue for anything, but that does not mean the suit will be successful.

Your income is your income. You have no legal obligation to support a child to whom you are not biologically related.

If she tries to get an upward modification based on your income, retain an attorney and fight it.

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Answered on 6/19/01, 9:50 am
Robert Gleaner Robert A. Gleaner, P.C.

Re: Can child support be modified based on new spouse's income

She can file a motion if she wants to. In my opinion, however, she would be unsuccessful since you have no obligation to support your (soon to be new) husband's child. Your income is not a component of the calculation of the child support obligation of your husband. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

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Answered on 6/18/01, 12:51 pm


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