StepMom31
recently joined
Reged: 03/07/13
Posts: 1
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I am looking for some sound advice in the area of lowering child support for my husband. He currently pays $201.00 a week for a child that he has no visitation rights. The child is 13 years old and lives with her mother in New Jersey. The mother currently does not work (hasn't worked in a very long time), lives off of public assistance and child support, and lives with her parents. We are not in a position to be able to retain a lawyer to help fight this case and to add insult to injury we do not reside in NJ. The forms in NJ are extremely complicated for any sort of child support case. We cannot live off of the $201 per week being taken out of his check. I understand he has a responsibility to his child. I am just looking for some guidance on how to proceed. Thank you!
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annieo
veteran
Reged: 07/07/10
Posts: 1413
Loc: Pacific Northwest
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It is all income related - if his income hasn't greatly reduced or hers hasn't greatly increased there is very little if anything you can do about it.
Visitation and child support are not related except in some states if the non-custodial parent has a significant amount of overnights there is sometimes a reduction in support paid.
You will need to find another way to increase your household income if you cannot live off of the 201/week deduction.
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MinnesotaMom
member
Reged: 01/05/11
Posts: 191
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Child support is based on income using a set formula. If things haven't financially changed, support won't be changed.
The only way to increase income is for your husband or yourself work more. It would be better if you did. His support will increase if your husband's income goes up. Your income isn't used in the formula.
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2018
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So has your husband's income went down? If so, was it a voluntary reduction?
If it hasn't gone down and the mother's income hasn't changed, child support is likely to stay the same.
If it was a voluntary reduction, well, he's going to learn all about imputed income. As the court will treat him like he is still making the higher wage.
And in NJ, if it hasn't been 3 years since the last order, there would have to be a pretty significant change in circumstances (and it doesn't sound like there is) for the courts to even consider a modification.
And if it has been 3 years or more, well, the change is going to have to be more than 20% in either direction for a change to be ordered. Not to mention that the mother being on public assistance is likely to have an impact inasmuch as the amount likely won't be reduced because of that.
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