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NJ Self Employed CS Experts Requested

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proudnjdad

Junior Member
What is the name of your state? New Jersey

I am self employed and do not have the luxury of a steady weekly income. I have been paying CS to my sons mother directly since my son was born. It says in my court order that if income of either party changes 20%, then the amount will be recalculated. At the time of the order I was working for a large company and had a steady income so I was ordered to pay a certain amount, again directly to my sons mother. She recently went to the Family Division and filed a paper saying that I am almost $2000 in arrears, which is redicioulous! At one point when I was receiving unemployment, I was giving her almost 50% of the check which was almost 3X the amount of what I was ordered to pay only because I did not want to take anything away from my son, but it got to the point where I really could not give her anymore than the amount that I have been giving her. during the time that she claims I was in arrears, I was going to school for seven months out of that year, and then started my business the following year after I had gotten out of school. She is asking that I now have to pay my CS through probation as well, although I have never been late or behind. I think that this is nothing more than harrasement that I would have to go through at the probation department, as I know people that have to go there to pay their CS.
Here are some of my main question:

1) What forms etc are used to calculate NJ Child Support for Self-Employed Litigants? My books are not the best, and I definately did not make any kind of a profit last year.
2) After I answer the bogus Affidavit, do I have to immediately file a motion, or will the court provide me a date; and when I do receive that date, will I have to file a certification to the Court and the other party prior to that date, or do I just present my case to the court the day that the case will be heard?
3) Is it recommended to ask for all of my Ex's financials in order to recalculate, and if so which ones?
4) Since I can not ask for attorney fees; as I will be filing the certifications etc...pro se, is it suggested that I ask the courts that a donation be made by my sons mother to a local charity?

I may have more questions soon, but these are the ones that are holding me up right now, and any input would be appreciated from all sources.
Thank You!
 


LdiJ

Senior Member
proudnjdad said:
What is the name of your state? New Jersey

I am self employed and do not have the luxury of a steady weekly income. I have been paying CS to my sons mother directly since my son was born. It says in my court order that if income of either party changes 20%, then the amount will be recalculated. At the time of the order I was working for a large company and had a steady income so I was ordered to pay a certain amount, again directly to my sons mother. She recently went to the Family Division and filed a paper saying that I am almost $2000 in arrears, which is redicioulous! At one point when I was receiving unemployment, I was giving her almost 50% of the check which was almost 3X the amount of what I was ordered to pay only because I did not want to take anything away from my son, but it got to the point where I really could not give her anymore than the amount that I have been giving her. during the time that she claims I was in arrears, I was going to school for seven months out of that year, and then started my business the following year after I had gotten out of school. She is asking that I now have to pay my CS through probation as well, although I have never been late or behind. I think that this is nothing more than harrasement that I would have to go through at the probation department, as I know people that have to go there to pay their CS.
Here are some of my main question:

1) What forms etc are used to calculate NJ Child Support for Self-Employed Litigants? My books are not the best, and I definately did not make any kind of a profit last year.
2) After I answer the bogus Affidavit, do I have to immediately file a motion, or will the court provide me a date; and when I do receive that date, will I have to file a certification to the Court and the other party prior to that date, or do I just present my case to the court the day that the case will be heard?
3) Is it recommended to ask for all of my Ex's financials in order to recalculate, and if so which ones?
4) Since I can not ask for attorney fees; as I will be filing the certifications etc...pro se, is it suggested that I ask the courts that a donation be made by my sons mother to a local charity?

I may have more questions soon, but these are the ones that are holding me up right now, and any input would be appreciated from all sources.
Thank You!
If you didn't make any kind of a profit last year then how did you pay your living expenses? If your books are "not the best" then how do you know whether or not you made a profit? If your books are not the best how to you plan to file your taxes? These are questions that a judge will ask you...and you better be prepared with solid answers.
 

proudnjdad

Junior Member
What I meant by my books not being the best was that I did not do any kind of profitable work last year, so there was no need to keep any kind of records.
 

haiku

Senior Member
proudnjdad said:
What I meant by my books not being the best was that I did not do any kind of profitable work last year, so there was no need to keep any kind of records.
you still make no sense dude.....you still have to show a record of LOSS to prove you had one.

You cannot expect the judge to treat you fairly if you go into court with nothing but your word.

As a self employed person, you will likely have to show at least 3 years of past IRS returns. Your current IRS return, current profit and loss figures, financial affadavits showing debt to asset ratio, and all your bank statements. The judge won't like it if you are just pulling numbers out of no where for this.

your ex as part of the standard filing procedure will also have to show her financial affadavit and bank statements, and possibly her IRS and w-2 statements to prove her income to the court.

As to your last question (4) when the judge piscks himself up off the floor from laughing-if you are that lucky- the answer is NO.

my advice to you, is to gather up whatever proof of income you got, and get yourself to a competent accountant (not HR block)-yesterday! before you go to court and get a very expensive surprise.
 

LdiJ

Senior Member
haiku said:
you still make no sense dude.....you still have to show a record of LOSS to prove you had one.

You cannot expect the judge to treat you fairly if you go into court with nothing but your word.

As a self employed person, you will likely have to show at least 3 years of past IRS returns. Your current IRS return, current profit and loss figures, financial affadavits showing debt to asset ratio, and all your bank statements. The judge won't like it if you are just pulling numbers out of no where for this.

your ex as part of the standard filing procedure will also have to show her financial affadavit and bank statements, and possibly her IRS and w-2 statements to prove her income to the court.

As to your last question (4) when the judge piscks himself up off the floor from laughing-if you are that lucky- the answer is NO.

my advice to you, is to gather up whatever proof of income you got, and get yourself to a competent accountant (not HR block)-yesterday! before you go to court and get a very expensive surprise.
Nor again did you answer the question of how you supported yourself.
 

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