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LADY LAWYER
LADY LAWYER, Family Law Attorney
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Experience:  Family Law Attorney
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Good Afternoon, i am a New Jersey resident and i have a child

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Good Afternoon, i am a New Jersey resident and i have a child which is a New Jersey resident as well; hes going to be 16 years old in September. I his father and his mother separated when he was 6 years old, yet i have always been there for him. We Booth share joint custody. I make less than $30.000 dollars a year yet for one child i get deducted $624.00 a month for support. I have never tried to run away from my responsabilities and have my child with me on weekends twice a month and i am avaliable when needed at any given moment.His mom remaried and has 2 other children with her new hubby and makes way more money than i do since she works for The New Jersey Department of Labor for more than 25 years and can tap in to my information any time i get an extra penny. Shes been living in Paterson which is Passaic County her whole life and knows a lot of people. I would like to know in what payment bracket i should really be in. I wonder if i'm paying for 2 children instead of one. I have tried going back to court and being that i cant afford a legal representative i always end up with the short end of the stick. I feel at times as if i can't breath and it's hard for me to live penny pinching and difficult to have a life of my own. Please Advice and my apologies for any inconveniences.
Submitted: 1 year ago.
Category: Family Law
Expert:  LADY LAWYER replied 1 year ago.

LADY LAWYER :

Hello, Thanks for choosing Justanswer.com! I look forward to helping you today. Please give me a moment to review your question and to answer you.

LADY LAWYER :

How long have you been paying the $624 for? Has your income changed since the support was ordered? What about your wife's income?

LADY LAWYER :

When was the last time you went back to court to seek a modification?

LADY LAWYER :

Lastly, what is your WEEKLY NET INCOME? "Net income" is defined as the total of all income from all sources, minus the following deductions: (a) Federal income tax (properly calculated withholding or estimated payments); (b) State income tax (properly calculated withholding or estimated payments); (c) Social Security (FICA payments); (d) Mandatory retirement contributions required by law or as a condition of employment; (e) Union dues; (f) Dependent and individual health/hospitalization insurance premiums; (g) Prior obligations of support or maintenance actually paid pursuant to a court order; (h) Expenditures for repayment of debts that represent reasonable and necessary expenses for the production of income, medical expenditures necessary to preserve life or health, reasonable expenditures for the benefit of the child and the other parent, exclusive of gifts.

Customer:

I've been paying $ 624.00 for about 3 years or so and i so found out recently that it was increased to $628 a month, Last time i went was like 4 years ago, after the first 2 attempts all i got was the run around since i had no legal representation due to that i cant afford it. I even asked them once to show me where it state as of how many children they have me down for and they where hesitant, it should only be one unless they have my own name as an extra child as well. In the state of NJ it should be 17% of your salary so by my calculations it should be about a little less than $100.00 dollars a week / $400.00 a month.

LADY LAWYER : Thanks for the additional information. However, since you did not mention your weekly net income, I cannot give you the exact amount you should be paying for one child. Based on making 30k per year, you should be paying about $145 per week. This works out to about $580 per month. You can see the child support guidelines here: http://www.judiciary.state.nj.us/csguide/app9f.pdf
LADY LAWYER : The amount you're paying is still a little high based on your income, but they are not charging you for two children.
LADY LAWYER : Happy to keep helping you if you have additional questions. Thanks!
Customer:

I get paid $14.65 an hour / $117.20 a day / $ 586.00 a week / $1,172.00 Bi-weekly / 2,344.00 a Month

LADY LAWYER : Is the $586 after taxes and insurance are taken out of your check?
Customer:

This is before taxes and i don't have insurance cause i cant afford it. The medical needs i can afford are out of pocket. Last year due to health conditions i only made $ 23,945.69 and for 2010 i made $25,954.81.

LADY LAWYER :

Okay, thanks. But I need your net weekly income. As I mentioned in one of the first questions that I asked, this is your income AFTER taxes. This is how support is calculated. Thank you!

LADY LAWYER :

So again, what do you make PER WEEK, AFTER TAXES?

Customer:

It varies due to time out because of health issues. Is about $ 586 before taxes yet i get paid bi-weekly. I So found out that my sons mom is an Arbitrator at New Jersey Department of Labor & Work Force Developement in Clifton NJ and the starting yearly rate for that job description is about $ 45.469 to $ 68,653 and the average is $ 55,577 to $ 83,365. she has been with the department for more than 25 years in addition that she works with the CWA Union wich thats extra compensation. If i'm bringing lets say $ 586 a week and the first deduction is $ 158.00 for support and then the fed & state in addition to all other NJ deductions with out counting insurance cause i have none; i'm left with aproximetly $ 300.00 Dollars give or take if full week worked which that has not been the case due to illness.

LADY LAWYER :

Thanks. You wouldn't include the support deduction in the Net Weekly Income before you caluclated how much it was going to be. Thus, is you make $586 per week and your taxes come to about $150 per week, your Net Weekly Income would be $436. Now we can calculate how much support you should be paying. Based on the chart I gave you before, you should be paying approximately $123 per week, or $492 per month. If you are currently paying $624, you are paying too much. It sounds like both you and your wife have had some changes of circumstances in your incomes since you last tried to go to court on a motion to modify. I would suggest that you try again, and this time, you can be equipped with the formulas we have gone over to show the judge. You will also need to subpoena your wife's income records so the court can see how much she actually makes. If you plan to do this, I would consider possibly getting a subscription to Justanswer.com so that you can ask for legal information as you go through this process. I know that myself and any of the other family law attorneys would be happy to help!

LADY LAWYER :

I am happy to answer any further questions about this at this time. Otherwise, I have enabled the rating system now. I hope I have provided you with excellent service today and that your rating will reflect that. Thanks so much!

LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6531
Experience: Family Law Attorney
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