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Ask Samuel II Your Own Question
Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27010
Experience:  General practice of law with emphasis in family law.
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Me and my ex signed a consent order and agreed on a child support

Customer Question

Me and my ex signed a consent order and agreed on a child support amount without a cis from either side a year and half ago.
I emancipated one child judge ruled child is emancipated but on his own asked for both of us to submit cis etc for the one remaing child who is anyway in college and all his needs ar e met.It seems he want to up the child supprt for the remaining one since it looks to low to him and want it seems he wants to up for the one the same as the 2 chidren.
2. do the new spouses income get calculated in the formula in NJ
1. can you open a consent order without us asking for it allows for emancipation
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
I am based in State of NJ the question is can a Judge on his own open a consent order that we both agreed on a set amount
without CIS info. A year later I emancipated one of the 2 remaining children and the Judge is forcing us without either of us requesting it to submit CIS etc for the one child left in college age 21+.looks like he wants to keep support at teh same level for one as for the 2 since I now emancipated my 19 year old daughter who is working and got retroavitve from beging of the year NJ seems that also irked him.2. do new spouses income got into NJ formula for % of income
Expert:  Samuel II replied 1 year ago.
Hello
This is Samuel and I will discuss this and provide you information in this regard since the professional you requested is not available at this time
The court will consider a new spouse's income if one of the following occurs:
(1) The parent paying the child support claims that s/he is unable to pay because of debts.
(2) "Voluntary Impoverishment" - The court may look at a new spouse's income if the custodial parent claims that the parent who owes the support has left a job voluntarily in order to avoid paying child support.
(3) There is a claim that the parent paying child support is hiding assets.
Otherwise, no. The biological parent is solely responsible.
From what I understand happened here, you requested the Modification in the Consent Order when you filed to emancipate your oldest child. I suggest that generally a judge will not simply "re-open" such a matter. But your request to modify by emancipation allows the judge to review the entire matter.
Of course, the other parent can state that the amount which was agreed upon is still enough for the younger child.