SPARC Forums

Dear Socrateaser

I am a father of a 10 year old son in NJ. Recently I have been served papers for a recalculation of child support. So of course I have to give all my financial information.

My current wife and I own a rental property (which I do receive some income from) .Can this be considered in the recalculation even though this is my current wife's property as well.

>Dear Socrateaser
>
>I am a father of a 10 year old son in NJ. Recently I have been
>served papers for a recalculation of child support. So of
>course I have to give all my financial information.
>
>My current wife and I own a rental property (which I do
>receive some income from) .Can this be considered in the
>recalculation even though this is my current wife's property
>as well.

If you're both legal owners of the property, then yes. You can reasonably ask the court to not consider one half of the income, on grounds that it unfairly punishes your spouse for being your business partner. But, you should still disclose the income and make the request, because the court is more likely to view you as acting in good faith than if you try to fight and hide the entire income source.