Legal Question in Family Law in New Jersey

Re: Motion for childsupport recalculation

Your question is unclear. If the moving party fails to provide the required documentation warranting modification of support, the can simply deny the application. If the other party fails to provide documentation, the Court can make a negative inference against that party regarding income, etc. If you would like to further discuss this matter, please feel free to contact my secretary, Debbie, at 856-795-6700 to schedule a consultation.

Re: Motion for childsupport recalculation

The court can require that she make the submissions by a certain date.

Re: Motion for childsupport recalculation

This is always very difficult. It sounds like he is very fortunate to have you supporting him in this matter.

As to your question, I assume he will request that the support be diminished based on lower earnings. His support is based on his income. Her submissions are irrelevent. The court does not need her information to make this order.

However, if there are other issues for which her info is needed, then the court has options. (1) of course is 'contempt of court' (very unlikely). The (2) is that the court can make a 'finding of fact' based on information before the court and additional information provided by you. For example, 'an order of preclusion' wherein the ex will be required to live up to the information already before the court.

Please be reassured, the ex cannot seize a long-term advantage by acting badly like this. It will bounce back at the ex. The court has tools with which to deal with un-cooperative people.

You are welcome to a consultation with me for no fee at my offices at 42 West 44th Street. Please call for an appointment first, (646) 591-5786.