Q: I need to file for a "change of circumstance" in child support. Can I get an attorney to help me? I am unemployed.
I am unemployed due to student teaching and do not qualify for Unemployment. My ex has gained new employment, presumeably a higher income, and lowered the children's medical that he is responsible for. He is responsible for the premium (this is what was used to calculate child support) and I am responsible for ALL co-pays, medications etc. He was ordered to contribute after the first $250 out of pocket expenses that I inurred (per child) for which he has not done so. He also does not contribute to any expenses related to sports, band, back to school items, clothing, etc. The children take clothes for his place and I seldom get them back. In three years since our divorce he has purchased two pairs of children's shoes. We had a trial and it has been very ugly. I need representation to take him back to court. I am quickly going into debt. We have a "judgement", it was not a typical "settlement". I am currently living off of $2700 a month and supporting three dependants.
A:
Based on the information you provided, it appears that you have grounds to bring your ex back to court. I understand your concerns regarding your ex not contributing towards certain expenses for the children. The New Jersey Court Rules break down what expenses are included child support. If you read #8 of this publication from the court, it will explain specifically what expenses are included: https://www.njcourts.gov/attorneys/assets/rules/app9a.pdf.
If you are unable to hire a lawyer due to financial constraints, I recommend contacting the legal aid department in your area. If you aren't successful with legal aid, try contacting the law schools in your area and ask if the legal clinics in the law schools are accepting new clients. Seton Hall University School of Law has a family law clinic and certain times of the year, they accept a few cases for indigent members of the community.
If you are unable to qualify for legal aid, you should seek out consultations with a few different lawyers and try to find one you can afford. There are many lawyers who bill at a lower hourly rate, who will accept a smaller retainer, or who have different billing methods such as the option to make monthly payments on a credit card.
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