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questions about upcoming support reduction court date

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tlknewjersey

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state? father NJ custodial mother PA

My fiance filed for a petion to reduce. He did this based on daycare he pays that his son is no longer in and medical, dental and vision he now carries on his son. Plus there is the fact that we can't meet our bills anymore. The mother is supposed to carry insurance, however, she quit her job to move and now works part time. We are told their son is on his step-father's insurance. But the mother has provider no information on this. The mother moved without the court's concent 3-4 hours away. (We have another court date coming up for that.) Anyway, the point is she is too far away if the plan is an HMO for us to take their son to the primary if he gets sick with us. This is already what has happened twice this winter. So it was a good thing the father had his own coverage. We would also like to get a capacity of earning placed on the mother when we go to court for the reduction.

Here is where the problems come in.
1) My fiance makes more money now than when support was last set.
2) We can not afford a lawyer and don't qualify for assistance. The legal
plan at his job will not cover this either.
3) My fiance also carries insurance on me, his other son from another
woman, and himself. My benifit, since we are not yet married is taxable.
So his work adds what he pays to carry me into his check so it can be
taxed then takes it back out again. This puts him in a higher tax bracket
as well as giving a falsely higher gross income on his pay stubs.
4) I have not been able to find another job. This is because I am the only
person under our roof that can drive. There is no bus that goes from NJ
to DE where the father works. So I have to work a scedule around my
fiance's work as well as the custody scedule.

What I want to know is what can my fiance do without a lawyer? He thinks nothing, but go off of the chart to determine support. A year ago the mother filed for a raise in support and the father went by the chart without a lawyer. When the lawyer he has used in the past found out he asked why my fiance agreed to the high amount. Also will the court take into consideration that the cost of living is lower where the mother moved? Will the court take into consideration that my fiance is now the sole support of our household even though we are not married and do not have our own children?
 


stealth2

Under the Radar Member
It's really impossible to tell you what will happen. The fact that the child is no longer in daycare should be taken into account, but that may be offset by the fact that Mom doesn't need it since she's not working. And while she could be imputed, that may also then affect the whole daycare thing (i.e. if she's going to be imputed anyway, she may go back to work and then daycare again becomes an issue). Insurance? Well.... I can tell you that our judge (in NJ) told me that although I can't use the ex's insurance here (I'm the CP), he is following the court's order in providing the kids with insurance and he will neither order the ex to get coverage I can use for them here nor give me a credit for providing it myself. So that may not buy him much.

Your expenses will, frankly, not have any bearing.
 

tlknewjersey

Junior Member
Thank-you for a response. In regard to one of my questions, do you know if my fiance can address any of the mentioned without a lawyer?
 

stealth2

Under the Radar Member
Can he? Sure. Should he? I personally never think it's a great idea to go into court for anything divorce related without one. But that's my personal opinion.
 

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