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Motion for increase in child support

Started by johnw, Feb 23, 2005, 12:59:23 PM

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johnw

Dear Soc,
             Ex and I live in NJ. Last March she took me back to court for an increase in child support. She did, in fact, get an increase because the NJ court decided to use an Sole parenting worksheet instead of a Shared parenting worksheet like I more than qualify for.
However, I recently got a promotion at work. I just received a letter that she is giving me until April 1st to report my increase in pay to the court, or she will be taking me to court to get another child support increase.
1. Can she take me back to court so soon, based on the fact I got a pay increase with my promotion?
2. If she can, can I file a counter motion to present all my evidence that my child support obligation should be based on the Shared Parenting worksheet and not the Sole Parenting worksheet?

Thanks

socrateaser

>1. Can she take me back to court so soon, based on the fact I
>got a pay increase with my promotion?

Depends on NJ law, however, I'd say yes.

>2. If she can, can I file a counter motion to present all my
>evidence that my child support obligation should be based on
>the Shared Parenting worksheet and not the Sole Parenting
>worksheet?

Yes. Depending on NJ civil procedure, you may be able to request affirmative relieve (shared parenting) in your response to her motion, rather than by filing a separate countermotion.

I don't know NJ civil procedure, so I can't tell you.