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View Full Version : question re: modification of cs in NJ New Jersey


pj's_mom
12-02-2007, 10:55 AM
If I request for ex to prove his income or show proof of why he can not pay cs at an enforcement hearing or if he is picked up on a bench warrant for failure to pay cs, will that affect the arrears that he owes me now?

If I can not request this information at an enforcement hearing, do I have to file the motion or can I request the cs enforcement dept to file it on my behalf.

I know that he has requested a "court appointed" attorney. He owns his own buisness. I am 90% sure that he does not claim income earned from his own buisness - meaning that he files personal income tax with the min. amount of income (required by law) on it.

I really want to get this settled with out getting into more debt from an attorney. All of this started because I wanted to have some kind of consistant payment so that I could get the dental work completed on my youngest. (I do not have dental benefits for the children). And I wanted to get passports for the children.

Thanks for all your help.

xena
12-02-2007, 03:51 PM
If I request for ex to prove his income or show proof of why he can not pay cs at an enforcement hearing or if he is picked up on a bench warrant for failure to pay cs, will that affect the arrears that he owes me now?

If I can not request this information at an enforcement hearing, do I have to file the motion or can I request the cs enforcement dept to file it on my behalf.

I know that he has requested a "court appointed" attorney. He owns his own buisness. I am 90% sure that he does not claim income earned from his own buisness - meaning that he files personal income tax with the min. amount of income (required by law) on it.

I really want to get this settled with out getting into more debt from an attorney. All of this started because I wanted to have some kind of consistant payment so that I could get the dental work completed on my youngest. (I do not have dental benefits for the children). And I wanted to get passports for the children.

Thanks for all your help.

No, it should not affect the arrears already accrued. Actually, federal law prohibits arrears from being retroactively modified.

The court should ask for proof during an enforcement hearing, but to make sure, talk to your CSE worker about it. The whole reason for an enforcement hearing is to give the NCP the opportunity to prove why they haven't been paying, so proof will be expected.

If he files his tax returns as self-employed, that can be proof of income no matter how little he claims.

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