Asked in Family Law and Child Support for New Jersey

Q: My ex is asking for retro child support modification and to agree to a biannual regular reassessment of child support

I am a high income child support NJ case and we have been in negotiations for months regarding a child support increase (since the time her alimony ended). She is from a wealthy family and clearly wants to avoid court to avoid a full disclosure of her assets and income her family provides. She is also intentionally underemployed. We just agreed on a amount and she now wants the new agreed upon amount to be retro'd back to the time her alimony ended (5 months ago) and also agreement that we will exchange tax returns bi-annually for reassessment. Are both of these reasonable requests and/or typical in NJ? I am also remarried and do not think it is reasonable that she have biannual access to my new wife's income.

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1 Lawyer Answer
Michael A. Conte
Michael A. Conte
  • Pennington, NJ
  • Licensed in New Jersey

A: You really need a lawyer to look at the specifics. Retroactivity might be fair in this fact pattern, but your ex probably would not get a retroactive award if the matter went to court, due to a statute. The bi-annual exchange of tax returns is not very unusual, but in your case it doesn't sound like a good deal for you - it gives her information that is private (your new wife's information) and invasive to you, while you will not receive any valuable information (because her living expenses are being paid for by family gifts not on her tax return). Please hire a lawyer to guide you through the rest of the process. A good lawyer can help just get you to a reasonable consent order and avoid court if possible, but will also know if you need the court to make the call to get you a reasonable deal.

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