Legal Question in Family Law in New Jersey

Seeking additional Child Support

Dear Sir,

I was divorced 8 years ago. My ex-husband and I have a 14 year old daughter. At the time of the divorce I was awarded $200.00 a week support. His income was $67,000 and mine was $30,000.

Now my income is $42,000 and his is $`110,000. I have full custody of our daughter and he visits her 3 times a year. He has never taken the time to help me raise her or pay for a doctors visit.

I want to take him back to court and ask for more money for child support and 60% of her college payment in the near future. He doesn't have other children. I am not sure what the maximum I can ask for is or how it is determined. Can you give me some advise. I want to ask for $50.00 a week minimum. That is mostly because I have had to take care of her 24 hours/ 356 days per year. Also, she wants cell phones, computers etc... Is this reasonable? Please advise me. Thank you.


Asked on 9/30/02, 10:26 pm

2 Answers from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: Seeking additional Child Support

For the most part, child support is determined by reference to the NJ Child Support Guidelines which takes your income, his income and several other factors into consideration. All information is put into the Guideline Worksheet and an amount is determined. It appears that your total income situation (his + yours) would be toward the top of the guidelines and, in some cases, the Court can go outside the guidelines to raise (or lower) the child support amount. Further, after 8 years, the Court will take a fresh look at your situation. Bottom line - seek the advice of an attorney. Keep in mind that this advice is based purely on the little bit ofinformation that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. You need to 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. If you call me, [856-546-8010] mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner

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Answered on 10/01/02, 6:04 am
Edward Weinstein Law Office of Edward R. Weinstein

Re: Seeking additional Child Support

Thank you for your inquiry.

Under the NJ State Supreme Court case Lepis vs. Lepis, a party much show a change of circumstances in order to revise a divorce decree. In your case, between your ex-husband's significant increase in income and the facts that he rarely sees your daughter, I am confident that I can successfully help you with a post-judgment motion.

As it would be my pleasure to speak to you regarding your situation, please feel free to contact my office at 732 246 0909 to discuss same.

Very truly yours,

Edward R. Weinstein

214 Highway 18

East Brunswick, NJ 08816

Phone: 732-246-0909

Fax: 732-246-2888

E-mail: [email protected]

Web Page: www.edwardweinstein.com

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Answered on 10/01/02, 8:01 am


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