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Need advice on modification New Jersey

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  • Need advice on modification New Jersey

    I was separated in 1999 and divorced in 2001. We had an order in place for our 1 daughter that was on our agreement, but not filed with the court. He was self employed and was always paying on time directly to me.

    He remarried 3 years ago and had a child and then another one 13 months later. When his 2nd child was born, he was unable to be self employed and took a job working with straight salary. I was then able to get a court wage attachment for support owed to me. I did not want to change the amount, just simply wanted to put a checks and balances in place since he was unable to pay me for the 3 months after his 2nd child was born.

    His new wife is very controlling and she went to an attorney on her own to review the order my attorney drew up (and that my ex verbally agreed to) and then tried to get it reduced and after 4 months of going back and forth, he ended up paying more than what I requested in the first place. He signed off to it also.

    Then he quit his job and began making less money. He wanted it reduced. This was 4 months after the order went in place. He has since found employment where he is making more (only $2000 more per year) than he was 10 months ago, but expenses for his new children's daycare and health insurance is more and filed a motion for modification. He is also claiming I perjured myself using false income for him. We used what his attorney provided! He also wants it retroactive to the order from April 2006.

    His wife works and the paystubs he provided were from last September and for $100 more per week than our original order (which he neglected to put in his calculation) I think she may even be full time since then too.

    I have not even included religious school costs for our daughter since we are of different religions and it was my choice to send her. But that is still a child care cost too.

    He is doing all of this pro se now.

    I am wondering what the chances are that he would win??

    He never mentions anywhere that he has over 30 animals (2 large dogs, 6 cats, 8 snakes, lizards, etc....). So.... he is trying to reduce his support for his own daughter and can keep these animals???

    I do have an attorney and I requested him to cover my fees since he is making unfounded claims for this hearing, but I wanted some advice on how the judges usually look at the situations.

  • #2
    Originally posted by tooniceinnj View Post
    I was separated in 1999 and divorced in 2001. We had an order in place for our 1 daughter that was on our agreement, but not filed with the court. He was self employed and was always paying on time directly to me.

    He remarried 3 years ago and had a child and then another one 13 months later. When his 2nd child was born, he was unable to be self employed and took a job working with straight salary. I was then able to get a court wage attachment for support owed to me. I did not want to change the amount, just simply wanted to put a checks and balances in place since he was unable to pay me for the 3 months after his 2nd child was born.

    His new wife is very controlling and she went to an attorney on her own to review the order my attorney drew up (and that my ex verbally agreed to) and then tried to get it reduced and after 4 months of going back and forth, he ended up paying more than what I requested in the first place. He signed off to it also.

    Then he quit his job and began making less money. He wanted it reduced. This was 4 months after the order went in place. He has since found employment where he is making more (only $2000 more per year) than he was 10 months ago, but expenses for his new children's daycare and health insurance is more and filed a motion for modification. He is also claiming I perjured myself using false income for him. We used what his attorney provided! He also wants it retroactive to the order from April 2006.

    His wife works and the paystubs he provided were from last September and for $100 more per week than our original order (which he neglected to put in his calculation) I think she may even be full time since then too.

    I have not even included religious school costs for our daughter since we are of different religions and it was my choice to send her. But that is still a child care cost too.

    He is doing all of this pro se now.

    I am wondering what the chances are that he would win??

    He never mentions anywhere that he has over 30 animals (2 large dogs, 6 cats, 8 snakes, lizards, etc....). So.... he is trying to reduce his support for his own daughter and can keep these animals???

    I do have an attorney and I requested him to cover my fees since he is making unfounded claims for this hearing, but I wanted some advice on how the judges usually look at the situations.
    If he's making more than he did the last time, he'll win a modification- but it will most likely increase, not decrease.

    However, you mentioned his wife's income, it doesn't matter what her own earnings are, CS cannot be set using her income- only his (and yours if your state is an income shares state).

    His animals are completely irrelevant also. The only time that animals would be relevant is if they are farm animals used in farming self- employment.

    Comment


    • #3
      And the support modification will not be ordered retroactive to the original date, whether it was the correct amount or not.

      Xena answered all of your other questions.
      HOOK 'EM HORNS!!!
      How do you catch a very rare rabbit?
      (unique up on him)
      How do catch an ordinary rabbit?
      (same way)

      Comment


      • #4
        Originally posted by mommyof4 View Post
        And the support modification will not be ordered retroactive to the original date, whether it was the correct amount or not.

        Xena answered all of your other questions.
        Thanks, I forgot to add that part.

        BTW- have you ever had a day where suddenly your typing (spelling) isn't what is usually is? That's the kinda day I'm having- does it mean that I'm tired and can go to bed without finishing my laudry?

        Comment


        • #5
          Originally posted by xena View Post
          Thanks, I forgot to add that part.

          BTW- have you ever had a day where suddenly your typing (spelling) isn't what is usually is? That's the kinda day I'm having- does it mean that I'm tired and can go to bed without finishing my laudry?
          OMG...today!!! It's cold and icy here, my husband is out of town until Friday (he left Thursday) I have all 4 kids (who just went back to school last week after Christmas break), they had a school holiday today, and they may not go to school tomorrow!!! I swear, I'm putting them to bed in 45 minutes and breaking out the liquor. I was a bartender, so I can make some pretty potent drinks. If my words "slur" you'll know I'm sloshed...with good reason!!!

          How was your vacation and we're glad you're back.

          OP, sorry I hijacked your thread!

          Did you have any other questions? I mean...while I'm typing away here, I could at least try to help you!
          HOOK 'EM HORNS!!!
          How do you catch a very rare rabbit?
          (unique up on him)
          How do catch an ordinary rabbit?
          (same way)

          Comment


          • #6
            Originally posted by mommyof4 View Post
            OMG...today!!! It's cold and icy here, my husband is out of town until Friday (he left Thursday) I have all 4 kids (who just went back to school last week after Christmas break), they had a school holiday today, and they may not go to school tomorrow!!! I swear, I'm putting them to bed in 45 minutes and breaking out the liquor. I was a bartender, so I can make some pretty potent drinks. If my words "slur" you'll know I'm sloshed...with good reason!!!

            How was your vacation and we're glad you're back.

            OP, sorry I hijacked your thread!

            Did you have any other questions? I mean...while I'm typing away here, I could at least try to help you!
            We have the opposite problem, it's been so unusaully warm and wet that the grass is growing again, the trees are budding and pollen is evrywhere. My car turned yellow from the pollen. I guess you wish you had that problem, huh? The ice/snow is why I live down here instead of up north.
            Wish you could send a drink by PM, what am I talking about- I can't drink because of my meds- that's it, now I KNOW I'm really tired.
            Hope things improve for you.

            OP: I'm sorry about hijacking also, can we help you some more?

            Comment


            • #7
              Originally posted by xena View Post
              We have the opposite problem, it's been so unusaully warm and wet that the grass is growing again, the trees are budding and pollen is evrywhere. My car turned yellow from the pollen. I guess you wish you had that problem, huh? The ice/snow is why I live down here instead of up north.
              Wish you could send a drink by PM, what am I talking about- I can't drink because of my meds- that's it, now I KNOW I'm really tired.
              Hope things improve for you.

              OP: I'm sorry about hijacking also, can we help you some more?
              Here's the kicker...I live in Dallas. Friday, it was 72 degrees until the dreaded front rolled in. It dropped 40 degrees in a matter of hours. *sigh* Hello, pneumonia.

              I'll have a drink for you. Cheers!
              HOOK 'EM HORNS!!!
              How do you catch a very rare rabbit?
              (unique up on him)
              How do catch an ordinary rabbit?
              (same way)

              Comment


              • #8
                Originally posted by mommyof4 View Post
                Here's the kicker...I live in Dallas. Friday, it was 72 degrees until the dreaded front rolled in. It dropped 40 degrees in a matter of hours. *sigh* Hello, pneumonia.

                I'll have a drink for you. Cheers!
                It's COLD in Chicago... BEAR WEATHER!

                Who wants to sing the Superbowl Shuffle????

                I'm sorry, that was totally uncalled for...

                Comment


                • #9
                  Originally posted by MomofBoys View Post
                  It's COLD in Chicago... BEAR WEATHER!

                  Who wants to sing the Superbowl Shuffle????

                  I'm sorry, that was totally uncalled for...
                  Torture is illegal. The president said so!!!
                  HOOK 'EM HORNS!!!
                  How do you catch a very rare rabbit?
                  (unique up on him)
                  How do catch an ordinary rabbit?
                  (same way)

                  Comment


                  • #10
                    Originally posted by xena View Post
                    If he's making more than he did the last time, he'll win a modification- but it will most likely increase, not decrease.

                    However, you mentioned his wife's income, it doesn't matter what her own earnings are, CS cannot be set using her income- only his (and yours if your state is an income shares state).

                    His animals are completely irrelevant also. The only time that animals would be relevant is if they are farm animals used in farming self- employment.
                    We have calculations in NJ for current spouse income. One of the worksheets done for support included that.

                    The animals are mentioned because come on, he can spend $100 per month, cry poor and broke and not be able to take care of his daughter, but be able to keep these animals?

                    Comment


                    • #11
                      Originally posted by tooniceinnj View Post
                      We have calculations in NJ for current spouse income. One of the worksheets done for support included that.

                      The wife's income is asked for to get a complete picture of his financial situatuion. However, her income will NOT be used to calculate the child support order.

                      The animals are mentioned because come on, he can spend $100 per month, cry poor and broke and not be able to take care of his daughter, but be able to keep these animals?
                      If he tries to modify the order (which you have already been told will not be a downward modification to begin with) you can certainly bring up the expenses for the care of the animals. (doesn't mean that anybody will listen, but you can bring it up.) But, it's a moot point as he won't be successful, anyway.
                      Last edited by mommyof4; 01-15-2007, 06:58 PM.
                      HOOK 'EM HORNS!!!
                      How do you catch a very rare rabbit?
                      (unique up on him)
                      How do catch an ordinary rabbit?
                      (same way)

                      Comment


                      • #12
                        How 'bout this one

                        Originally posted by tooniceinnj View Post
                        We have calculations in NJ for current spouse income. One of the worksheets done for support included that.

                        The animals are mentioned because come on, he can spend $100 per month, cry poor and broke and not be able to take care of his daughter, but be able to keep these animals?
                        I do not have any court order I have always paid on time the agreed amount and more, six months ago I was rear-ended and am still off work, I am maybe $200 behind at this point, my ex has my eleven year old daughter call me to see if I can send money early, because if not she'ld be in trouble, she really needed the money by Friday. I provide my daughter a picture phone to encourage her to photo to me, today she sent me a pic of their new dog, it wasn't expensive, just $250.00
                        What is veiwed is not always what is seen and
                        what is heard is not always what is spoken!
                        ~M. Noitall~

                        Comment


                        • #13
                          Originally posted by rcpilot View Post
                          I do not have any court order I have always paid on time the agreed amount and more, six months ago I was rear-ended and am still off work, I am maybe $200 behind at this point, my ex has my eleven year old daughter call me to see if I can send money early, because if not she'ld be in trouble, she really needed the money by Friday. I provide my daughter a picture phone to encourage her to photo to me, today she sent me a pic of their new dog, it wasn't expensive, just $250.00
                          I don't get that, where are the priorities????

                          Comment

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