Secaucus, NJ asked in Family Law and Child Support for New Jersey

Q: I want to know if the amount of child support I give my first kid would lower down now that I have another baby?

I have a 3 months baby , I want to know if for this reason the amount of child support I give to my first kid would lower , since at the moment when I had my first child I was getting paid more , but not anymore .i would also like to know if it’s true that I have to buy my child everything , from clothes, shoes , etc if am passing child support every week . Her mother always tells me to get her everything , I only have her on weekends.

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2 Lawyer Answers
Kristofher Beralo
Kristofher Beralo
Answered
  • Jersey City, NJ
  • Licensed in New Jersey

A: Yes, it is possible to lower child support now that you have another child.

Without knowing the circumstance of your case, usually when child support is paid it is the assumption that it covers the needs of that child to be use by the parent who has primary custody.

Again, i would suggest you hire an attorney to reassess your child support and to get a better clarity to what you should and should not be paying for.

1 user found this answer helpful

Bari Weinberger
Bari Weinberger
PREMIUM
Answered
  • Parsippany, NJ
  • Licensed in New Jersey

A: Hi and thanks for your question! Some further details are needed about your family in order to give you really tailored advice, but I will do my best here to get you at least some general advice. Your child support can go up or down based on what we call a "change in circumstances" here in New Jersey. That change can be a long term loss of a job, or a disability which would cause child support to possible be reduced. On the other hand, if you get a job earning more, your child support could go up.

Having another child is a change in circumstances that could indeed change your child support. I am going to assume that your child support was calculated using the child support guidelines. The guidelines do have a function where support of another child is factored in. This is called the "other dependent deduction" and it does effect an existing child support order. But, the child support must be ordered by the court and you have to give the court information regarding the other parent's income including their paystubs and income tax returns before you can use the other dependent deduction.

As far as you "having" to buy other items for your child on top of the ordered support, that is incorrect. You are not obligated to provide more than what your court order says. But, if you want to give more, you are free to.

Consider talking more with an attorney. Many, like our firm, offer free consultations. You'll get more specific advice and a game plan going forward. Hoping this helped. Regards, Bari

1 user found this answer helpful

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