Asked on Mar 26th, 2014 on Child Support - New Jersey
More details to this question:
I was paying child support because I made the higher salary. My ex and I have 50/50 custody with neither one of us specified as the residential or primary parent. We are trying to figure child support now since my salary has been cut in 1/2 after taking a new job that had benefits and she now makes more. She keeps telling me she is custodial parent even though it is not specified in our divorce papers. Is it true that she is custodial and if we went to court would I still have to pay child support or would she have to since she has the higher salary now and that we have true 50/50 time with the children?
I have seen your question.
My name is David Salvaggio. I head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters. It's all we do.
Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information.
When determining who owes child support to whom, the designation of who is the "custodial" parent will not really matter. What DOES matter is your respective incomes.
The question in your situation is whether you were JUSTIFIED in taking the new job, which apparently pays you less (but gives you benefits).
Your ex could argue that you were not justified in taking the lesser paying job. If she is not going to argue that, then when you do a child support calculation according the New Jersey Child Support Guidelines, it is likely that she would have to pay you child support because you have true 50/50 parenting time with the children.
You still need to have a "Guidelines" calculation done in order to confirm that, because there are other variables in the Guidelines (such as the extra cost for you to provide health insurance for the child, if in fact you are now doing that).
I would be happy to speak with you, get all of the details, and do a "Guidelines" calculation for you. The cost for me to do that would not be very significant.
You can call our offices at any time of the day or night. Our telephone number is 973-455-1220. Please leave a voice mail message if I am not available to speak with you when you call.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.