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LegalGems
LegalGems, Lawyer
Category: Family Law
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Experience:  Experienced Family Law Attorney
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My ex-wife and I have been divorced ... My ex-wife and I

Customer Question

My ex-wife and I have been divorced for 7...
My ex-wife and I have been divorced for 7 years.
It was an amicable divorce and we went through a mediator to work out the issues.
I purchased our home from my ex, I was identified as the custodial location, though we had joint custody (50-50). It was determined that my wife pay me $500 child support per month.
As our salaries increased, my wife took it upon herself to increase the child support utilizing the methods originally used (now paying $800/month.In October, my ex decided to go down to 60% at her job. Then a few weeks ago she spoke to a friend who advised her to see a lawyer and she said that the lawyer determined that has been over paying me for child support for some time.I wrote in earlier and confirmed that she cannot lower the child support based solely on going down to 60%. However, I really need to understand how child support is calculated. In addition, she moved in with a partner and instead of selling her condo, now rents it out. Is that also considered income?Also, we currently still have 50-50 joint custody, but she has hinted about taking the kids more, can she do that?
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

In NJ, the court can "impute" income if a parent is voluntarily un/underemployed. This means that the court will calculate child support based on what a party should be earning, versus actual earnings.

Here is a calculator that will provide an approximation of child support based on the statutory guidelines:

http://www.njchildsupport.org/resources-forms/other-resources/guidelines-calculator/guidelines-calculator.aspx

A party must comply with an existing child support order UNTIL it is modified or terminated by the judge.

Similarly, a custody order remains in effect until the judge modifies it. One party CANNOT unilaterally change the judge's order.

Expert:  LegalGems replied 1 year ago.

Child support guidelines are formulated so that the primary considerations are the parties' respective income, and the time share with the parents (the higher the income, the more support one pays; the more time the parent spends with the children, the less they pay)

I hope I've answered your question to your satisfaction. Please let me know if you require further clarification.

And, please provide a positive feedback rating -- otherwise, I receive nothing for my efforts on your behalf.

Thank you; it's been a pleasure to assist you.