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Started by CustodialFather3, Oct 29, 2004, 02:50:03 PM

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CustodialFather3

State NJ, BM NCP remarried and is fully supported by new DH leaving her with no cost of living expenses. CP father faced with a 300% increase in insurance premiums due to involuntary job change in order to conitnue to support three minor children. Salary for both parties remaining the same since origninal order was calcualted three years ago. Two of the three minor children living with CP Father are now 12 and 13 requiring more individual costs.

CP feels NCP BM should not provide insurance coverage due to changing employers every three months over a three year period allowing for gaps in coverage of the children. BM has voluntarily been paying $50 per week to pay off her arrears due to changing jobs so frequently. CP feels this shows that the NCP is capable of paying a $50 per week increase in order to help offset medical coverage that has increased from $200 to $721 a month.



Is CP father entitled to a $50 a week  increase to help offset the cost of incurance and cost of living adjustment ?

Thank You




socrateaser

>State NJ, BM NCP remarried and is fully supported by new DH
>leaving her with no cost of living expenses. CP father faced
>with a 300% increase in insurance premiums due to involuntary
>job change in order to conitnue to support three minor
>children. Salary for both parties remaining the same since
>origninal order was calcualted three years ago. Two of the
>three minor children living with CP Father are now 12 and 13
>requiring more individual costs.
>
>CP feels NCP BM should not provide insurance coverage due to
>changing employers every three months over a three year period
>allowing for gaps in coverage of the children. BM has
>voluntarily been paying $50 per week to pay off her arrears
>due to changing jobs so frequently. CP feels this shows that
>the NCP is capable of paying a $50 per week increase in order
>to help offset medical coverage that has increased from $200
>to $721 a month.

>
>Is CP father entitled to a $50 a week  increase to help offset
>the cost of incurance and cost of living adjustment ?


I am not very familiar with NJ's child support guidelines.

Every State has federally mandated guidelines for how much support must be paid, based on various income factors. Healthcare insurance is a factor considered in every State, however, the guidelines are generally based upon a parent's ability to pay, rather than upon the child(ren)'s needs.

I think you probably have grounds for a support modification, based on the probability that the NCP can earn more than she actually does, and if she's remarried, I wouldn't be surpised if a NJ court has authority to consider the new spouse's income, when the NCP is voluntarily refusing to work, as appears to be the case here.