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child support/alimony New Jersey

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  • child support/alimony New Jersey

    My brother currently has to pay $2,000.00 in child support/alimony. They merged the two together and I wanted to know if this was the norm. He has a hearing on 9/25 to lower payments due to the fact that he makes 75% less in pay then he did two years ago. They based this on the last three years when the economy was good and his business was thriving.
    He currently pays $1,000.00 child support and gives the children money for extraneous things however; he cannot afford the additional $1,000.00 for alimony. HELP!



    In addition, I have used your services for many years and have always bragged about how helpful it is to others. I couldnt log in wit my original log on and had to creat this one in its place. My original was DEBHLU

    thanks again.
    Deborah

  • #2
    Originally posted by debtika View Post
    My brother currently has to pay $2,000.00 in child support/alimony. They merged the two together and I wanted to know if this was the norm. He has a hearing on 9/25 to lower payments due to the fact that he makes 75% less in pay then he did two years ago. They based this on the last three years when the economy was good and his business was thriving.
    He currently pays $1,000.00 child support and gives the children money for extraneous things however; he cannot afford the additional $1,000.00 for alimony. HELP!



    In addition, I have used your services for many years and have always bragged about how helpful it is to others. I couldnt log in wit my original log on and had to creat this one in its place. My original was DEBHLU

    thanks again.
    Is he requesting a modification of only the alimony?

    How much does he pay for the extras for the children that is not court ordered?

    Can he prove to the court that his income has decreased involuntarily?

    Most importantly, what is the exact wording of his court order regarding alimony?

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    • #3
      Xena,

      Thank you so much for taking the time to assist us. Here are the answers from my sister who is also trying to help my brother:
      1) alimony and child support are together in one payment through probation department. But in actually it is $200 alimony and $175 for the kids per week. Now with his arrears it is $405.00 per wk.
      Plus he pays $200 to Joey per month for car pymt and insurance, and $65.00 per month for health insurance.

      2) everytime they ask him for money he tries to give it to them. But actually he is supposed to pay 60% wife %40 of clothing, school supplies, ect..

      3) Yes he can prove to the court his income has decreased. His bank statement I guess would prove that.

      4) alimony: $200.00 per week for the first two years, then $175.00 per week the next two yearts: total 4 years.

      ***Deb, the problem is in order to do a CIS statement (to prove what you make) when you own your own business, usually you are required to get the business appraised ect.. which cost $2-3 thousand dollars (if i am not mistaken).
      Last edited by debtika; 09-15-2009, 02:16 PM.
      Deborah

      Comment


      • #4
        Originally posted by debtika View Post
        Xena,

        Thank you so much for taking the time to assist us. Here are the answers from my sister who is also trying to help my brother:
        1) alimony and child support are together in one payment through probation department. But in actually it is $200 alimony and $175 for the kids per week. Now with his arrears it is $405.00 per wk.
        Plus he pays $200 to Joey per month for car pymt and insurance, and $65.00 per month for health insurance.

        2) everytime they ask him for money he tries to give it to them. But actually he is supposed to pay 60% wife %40 of clothing, school supplies, ect..

        3) Yes he can prove to the court his income has decreased. His bank statement I guess would prove that.

        4) alimony: $200.00 per week for the first two years, then $175.00 per week the next two yearts: total 4 years.

        ***Deb, the problem is in order to do a CIS statement (to prove what you make) when you own your own business, usually you are required to get the business appraised ect.. which cost $2-3 thousand dollars (if i am not mistaken).
        Is he court ordered to pay the $200 per month for the car payment and ins?
        if not, that could be a problem, because the court could look at that and deny his request citing the extra could go to alimony if it's not court ordered.

        Is he paying the court ordered 40% for the school supplies, clothes, etc?

        He will need more than his bank statement to prove income if he's self-employed. He will need to prove what the gross is, then he needs to prove what the costs of the business are, to arrive at what his actual income is.

        Comment


        • #5
          The car insurance/pymt and health insurance are not court ordered (not part of the $200.00/$175 per week)

          He is paying for the school supplies, clothing, etc. He also just gave her $55.00 for her class ring.

          Apparently it will cost him a few thousand dollars to get the business appraised for this information???? He does not have any money left after paying a lawyer $15,000.00 initially.

          I actually have one last question for you...
          He has gone bankrupt, should/can the payments be lowered due to this?

          Thank you so much!!
          Deborah

          Comment


          • #6
            Originally posted by debtika View Post
            The car insurance/pymt and health insurance are not court ordered (not part of the $200.00/$175 per week)

            He is paying for the school supplies, clothing, etc. He also just gave her $55.00 for her class ring.

            Apparently it will cost him a few thousand dollars to get the business appraised for this information???? He does not have any money left after paying a lawyer $15,000.00 initially.

            I actually have one last question for you...
            He has gone bankrupt, should/can the payments be lowered due to this?

            Thank you so much!!
            He shouldn't need to have the business appraised. All he'll need is proof of the gross and proof of the business expenses. Gross, minus operating expenses is what the actual income is.

            No, filing a bankruptcy in and of itself does not result in lower payments. However, in a bankruptcy, any CS and alimony will be listed as priority expenses because it ensures that those court ordered expenses will get paid during a bankruptcy.

            Has he actually filed a bankruptcy petition yet?

            Comment


            • #7
              Xena,

              First, I want to thank you so much for assisting me with this!! It is like you are all a blessing sent from above! People are shocked when I tell them about Labor Law Talk. I have a question...how can we help all of you?

              He has not filed bankruptcy yet; however, he will be doing this soon. I thought he had already done so.

              Thank you again!
              Deborah

              Comment


              • #8
                Originally posted by debtika View Post
                Xena,

                First, I want to thank you so much for assisting me with this!! It is like you are all a blessing sent from above! People are shocked when I tell them about Labor Law Talk. I have a question...how can we help all of you?

                He has not filed bankruptcy yet; however, he will be doing this soon. I thought he had already done so.

                Thank you again!
                He should wait until after the modification hearing to file a bankruptcy petition.

                When he does file, he needs to make sure to tell his attorney about the CS and alimony orders.

                Comment

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