Q: I’m in nj. If my ex has an increase in salary does this effect how much he contributes to child related expenses?
I get alimony but not child support as we split them 50/50. I’m teferring to child related expenses we split based on income as stated in divorce agreement
A:
Hello and thanks for your question. I'll do my best to give you some general advice, here, but please know that much of the advice you need would be based on a review of your MSA and the terms contained there with regard to child related expenses.
You indicate that there is no child support paid by either of you, but were NJ child support guidelines run? How are you splitting the expenses? Are they 50/50 or a different percentage? Was that percentage based on the percentage found in the guidelines? Does the MSA state that you can go back to recalculate these expenses if there is a change in circumstances such as an increase in income?
Of course, do not give out too much personal information in this forum. But, this is the information that would be needed in order to give you clear and appropriate advice. Generally, it is quite difficult to go back in and amend a MSA without some cause or reason that you would have to prove to the judge. But, if your MSA does indeed contain terms that allows you to go back in and reassess these expenses, your road is definitely a little easier.
Bottom line: more info is definitely needed! I suggest scheduling a consult with a family law attorney. Hopefully you can sit down with your ex and negotiate these expenses given the change in income. If not, an attorney can guide you on your next steps in court. Many firms, like ours, offer free consults. Hoping this was at least a little helpful. Regards, Bari
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.