NJ CS or Child extorsion issues...please HELP!!!!!

[Niteryder315]

Well, I will try and explain this without going to far into detail. This is based on NJ law. First, I just had my "3 year" child support review. They came up with an amount of $325 a week. Where I work we have a 3-on/4-off, 4-on/3-off...schedule. On my 3 day work week, I take home (after taxes) about $440. On my 4 day work week, I take home about $640. This support order is for ONE kid. I simply don't know what to do. I can't even afford to survive on that amount! He is the only child I have. I was never married and do not owe any "back" child support. I do have a court date on the 12th of December in front of a hearing officer to see if it should be recalculated. Also, my son is 4 1/2 years old, and I live in NH. I am looking for any advice I can get...and if this amount seems right? From asking around, it seems that most people in my salary range pay roughly $150 a week for one child. It puts me in a tough position, because I can not afford to lose $325 a week for CS. Honestly, I wouldn't be able to pay rent, car payment...etc. Any help/suggestions would be greatly appreciated. Please spare me the "deadbeat" comments. I love my son with all my heart, but at that amount I wouldn't even be able to afford the trip to Jersey to see him. Thanks.<!-- google_ad_section_end -->

[Shanni]

Are you sure that is 325.00  a week? or is that a monthly amount?

[Niteryder315]

Absolutely certain a week. It has been going on for a few months and I can easily see the difference.

[hallegere1]

  .alllaw.com/ calculators /childsupport/ new_jersey/ default.asp



Here is a link to a NJ child support calculator. I put your numbers in roughly and the amount for 1 child should be about $520/mo.  It is not really a link so you will need to cut and paste it to your address bar. you will also need to add the http  :  //  and the ww w before the above and delete the spaces before and or after the  /'s

Dear Moderator, sorry I cheated around the rules but I think this was necessary and useful info in the circumstances

[Momfortwo]

You have a 4 1/2 year old child.  I will assume the mother is working, if she isn't, you need to see if income was imputed to her.   If not, you may have a case for reduction. 

Your portion of childcare is an add-on to child support.  And is rather expensive.  If the mother is the one providing the health insurance, your portion of the child's part of the premium is an add-on to child support.

Now lets address how the courts come up with your net income.  They take the gross amount and determine what your tax deductions would be based on a tax table that they have from the IRS.  Any other deductions aren't allowed unless they are mandatory.  A 401K typically isn't mandatory, nor is health insurance so if you are contributing to those, they don't count.  And if you have a higher amount of taxes coming out than what the IRS says your tax obligation would be for the year based on what you make, then that isn't to be deducted from your income to arrive at your net.  Too many NCP's played around with the taxes they had taken out to lower their child support.  So now the courts determine it for them.

Then there's also the fact that you are a long-distance parent, which means that you really don't have a lot of overnights.  NJ gives parenting time credit for overnights only.   You can make sure that they used the correct number of overnights.

ETA:  I found online calculators to inaccurate, you are probably better off consulting with a NJ attorney.  They typically have the same program that the courts use to determine child support. 

[ksmarks]

 I am not certain but I think that the only dedection in New York state the prior to the calculation is FICA 7.25%

[ksmarks]

Actually it is 7.65% in New York with no other deductions considered.  (FICA & Medicare Taxes)