Buffalo, NY asked in Child Support for New Jersey

Q: ex wife remarries and has 3 more kids apart mine and and never reports her remarriage is that legal

She has never worked a day in her life and her new husband has increased her household income

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

A: If you are asking if she allowed to get remarried, the answer is yes. If you are asking if she should still continue to receive alimony, the answer is no. There are several things to consider in your situation.

In order to approach it in a way that is most likely to be successful for you, you should consult with an experienced family law attorney. Many firms, including mine, offer free consultations. That will give you a better idea of your options and how to proceed.

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

A: Im not sure that I understand your question but if you are saying that your ex wife has gone on to have 3 more children with her current husband and she has not notified probation of this change in her setting for child support guideline purposes, pointing out this change will only inure to her benefit - not yours. Under our laws, all children are to be treated equally and if she has gone on to have additional children, she has the right to ask the probation department to recalculate child support taking into account that she has what is called " the other dependent deduction" allowance for the additional 3 children. That means that a separate guideline worksheet should be prepared reflecting her income and her new husbands income and their 3 children and her share of the cost of those 3 children on that guideline is then transferred to the guideline worksheet for you and her for your child.... all of which means that her share of the costs for your child will potentially go down and your share of the costs may rise. So, be careful of your anger and how it could cause your child support obligation to rise. The fact that she has remarried and her new husband makes more money, does not mean that he has any child support obligation for your child and his income picture does not come into your guideline analysis. The only claim you have ( as to her new husband's income) is that the court can impute to her a greater income given his % contribution to their expenses.

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