Child Support Guidelines

Thank you for your question. Unfortunately it is a fact that, very frequently, the Court makes mistakes when generating Child Support Guidelines. It is certainly important that said Guidelines be reviewed by a knowledgeable and experienced Family Law attorney before implementation. With regard to your specific question, a Court will consider additional sporadic income for child support purposes. What the Court is supposed to do is to take an average over the past years (usually 3 years) and then use that number for income purposes. With regard to your ex, an argument can certainly be made that she has the ABILITY to earn additional income, but choose not to. The Guidelines are based upon an ABILITY to earn income, not the actual income itself. She made additional money in the past – she can do so now. The fact that she CHOOSES not to should be of no consequence. This concept is codified in the NJ Statute addressing child support. Perhaps more importantly, are you aware that you may be entitled to a deduction of child support with regard to your ex due to the fact you have 2 new children from your current relationship? I strongly suggest you schedule a complimentary consultation so as to fully explore your rights and options with regard to your child support issue. I hope this was helpful to you.