Livingston, NJ asked in Child Support for New Jersey

Q: How do I oppose and/or what form do I file in NJ to oppose modification in child support?

My ex hired an attorney who filed a request for a decrease in child support stating that my ex lost his job on 3/20. My ex is co founder of his multi million dollar company based out of NYC and has 7 offices around the world and is lying that he lost his job. My CS goes through probation and is garnished. He is also in the arrears for college and college related expenses. Do I file something with the Court or just wait to hear from the Court/probation dept.?

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3 Lawyer Answers
Teresa L. Reichek
Teresa L. Reichek
Answered
  • Mount Laurel, NJ
  • Licensed in New Jersey

A: Thank you for your question. I am sorry that you are dealing with such a frustrating situation. If the opposing party filed for modification then it is in your best interests to file a response and potentially a cross application.

That being said, there is a lot to know before filing something with the court and if you choose to represent yourself you are expected to follow all the rules and procedures that attorneys follow. You should consult with an experienced family law attorney first to find out your options. Many firms, including mine, offer free consultations. Call and schedule one so that you do not make a crucial mistake in your case.

1 user found this answer helpful

Noel Rivers
Noel Rivers
Answered
  • Hackensack, NJ
  • Licensed in New Jersey

A: You can contact the clerk of the family division to get information on what forms you need to file to oppose your ex's order to decrease child support. The New Jersey Courts website also has a self-help handbook on the topic. You can find it here: https://www.njcourts.gov/forms/10483_post_jdg_kit.pdf?c=tLw

The courts are still closed to the public but if you call the clerk, you can ask how to file your opposition to the motion without hand-delivering it to the court.

A modification request and the subsequent court proceeding can be a complex matter. You would benefit from having a free consultation with an attorney.

Please be advised that the information contained in this response does not form an attorney-client relationship.

1 user found this answer helpful

Richard Diamond
Richard Diamond
Answered
  • Millburn, NJ
  • Licensed in New Jersey

A: This is a perfect case for where you need to hire a competent family law attorney to represent you. Based on the substance of your inquiry, it is clear that you do not understand the requirements for how to properly oppose his application; which means that you will do the wrong thing and he will get his reduction and you will blame the legal system for failing to protect your entitlement to the support, etc. This is not a setting where you are going to write a letter to the court or probation telling them that he is lying.... and that he should not get relief. The response from the court will be that you failed to file credible opposition and the court viewed the applicaiton as unopposed. Please take this issue seriously and immediately schedule a consultation with 1 or 2 family law specialists to review the application, the prior judgement of divorce and any other pertinent papers you have as to his income and asset structure and then be prepared to hire a lawyer to represent you and potentially file a cross application to address the other issues outstanding for the children (ie college costs). For purpose of that application, you were served with the papers on X with the application returnable before the court approximately 28 days later with your opposition papers / cross application filed with the court NO LATER THAN 14 days before the return date and he then gets to file his reply papers 8 days before the return date. There are also specific documents that need to be filed with the court in support of his applicant and in support of your cross application and again, failure to include those documents renders the submission potentially deficient, but the court is not going to do your job for you. If you do not do it right or fail to point out errors, it is not the courts role to be your lawyer and do your work.... which is a common mistake made by litigants who represent themselves, who think the court will fill in the blanks for them and read through their submissions to figure out their positions - wrong, the court does not do so and the failure to do it right the first time can and will have dire consequences for you. Make the investment and hire a competent family law specialist to represent you.

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