Property Settlement Agreement

[judgemenot]

What is the name of your state (only U.S. law)? NJ
I have a PSA that was completed and signed notarized in 9/04. This PSA addresses child support and custody. This PSA was incorporated but not merged with my final judgement of divorce in 4/05. The PSA has 2 separate provisions for child support. The first is a regular weekly amount that has withheld from the ex's paycheck and deposited directly into my checking account. The second is an annual amount of 14% of his overtime pay which is payable each 4/15 and based on the prior calendar years overtime. This has been an amount that is determined based on his w-2 and remitted directly to me by check. The weekly amount has not ever been a problem. The annual amount stopped in 2014 when he decided not to give me the information necessary to determine the amount or an actual check for the balance due. I know he had overtime pay in 2013. When I asked him to remit the information he basically thumbed his nose at me. I recently filed a motion to enforce litigant rights and asked for him to remit the amount owed for 2013. The judge denied my motion because I was not able to tell his how much I was owed which is information I do not have since it is based on the ex voluntarily handing it over.
I need to know how to get his payroll information for 2013 and 2014 and how to get the courts to enforce my rights. Can I subpoena him or his employer? I understand that the PSA being incorporated but not merged gives me different rights then if it had been merged but I do not understand what those rights are?
Please help

 

[LdiJ]

What is the name of your state (only U.S. law)? NJ
I have a PSA that was completed and signed notarized in 9/04. This PSA addresses child support and custody. This PSA was incorporated but not merged with my final judgement of divorce in 4/05. The PSA has 2 separate provisions for child support. The first is a regular weekly amount that has withheld from the ex's paycheck and deposited directly into my checking account. The second is an annual amount of 14% of his overtime pay which is payable each 4/15 and based on the prior calendar years overtime. This has been an amount that is determined based on his w-2 and remitted directly to me by check. The weekly amount has not ever been a problem. The annual amount stopped in 2014 when he decided not to give me the information necessary to determine the amount or an actual check for the balance due. I know he had overtime pay in 2013. When I asked him to remit the information he basically thumbed his nose at me. I recently filed a motion to enforce litigant rights and asked for him to remit the amount owed for 2013. The judge denied my motion because I was not able to tell his how much I was owed which is information I do not have since it is based on the ex voluntarily handing it over.
I need to know how to get his payroll information for 2013 and 2014 and how to get the courts to enforce my rights. Can I subpoena him or his employer? I understand that the PSA being incorporated but not merged gives me different rights then if it had been merged but I do not understand what those rights are?
Please help

One thing that you could do is simply file for a modification of child support and let them recalculate support based on his overtime being included as part of his annual income. That will nip the problem in the bud.

 

[judgemenot]

One thing that you could do is simply file for a modification of child support and let them recalculate support based on his overtime being included as part of his annual income. That will nip the problem in the bud.

His overtime can vary greatly from year to year, much of it based on the weather. If he has not had a lot of OT for the year they use to recalculate it that would mean I would get less each year thereafter. I would like to keep the weekly payment alone since that has worked OK. I would like to find a way to stick to the original agreement and find a way to have him do the same.

 

[LdiJ]

His overtime can vary greatly from year to year, much of it based on the weather. If he has not had a lot of OT for the year they use to recalculate it that would mean I would get less each year thereafter. I would like to keep the weekly payment alone since that has worked OK. I would like to find a way to stick to the original agreement and find a way to have him do the same.

Well..it doesn't appear that he is going to cooperate with that.

 

[CSO286]

His overtime can vary greatly from year to year, much of it based on the weather. If he has not had a lot of OT for the year they use to recalculate it that would mean I would get less each year thereafter. I would like to keep the weekly payment alone since that has worked OK. I would like to find a way to stick to the original agreement and find a way to have him do the same.

Well..it doesn't appear that he is going to cooperate with that.

In addition, child support is meant to be fluid; it should change as needed based on the parties' income.


Here's the deal: You can certainly file for contempt, and then as part of your discovery, you can subpoena his payroll records. It's possible that Dad will then file for a modification of the support, and ask that it be based simply on NJ child support guidelines (found here http://quickguide.njchildsupport.org/), which will result in a possible increase in your weekly amount and could possibly eliminate your annual amount based on the overtime.

Your choice.