NJ Court Officer incorrectly calculated income

[FrustratedbyNJcourts]

After paying child support, providing all health insurance for 8 years and no access or visitation, my husband became unexpectedly disabled in November.

Immediately filed for downward modification because short term disability paid 40% less. Not only did she hire an attorney for $265 an hour to fight the decrease, he walked out with an INCREASE. We can’t AFFORD an attorney and we’re shocked they could claim disability was TEMPORARY because SSDI hasn’t decided the case yet. My husband was terminated May 1st and his LTD policy and SSDI case are pending. We received another motion from her attorney yesterday seeking a LOT more money to pay 74% of ALL extracurricular activities, summer camp, dance lessons, her ATTORNEY fees etc as a according to her attorney my husband has a substantial increase in income.

As we sit here without him having ANY income, @ 58 years old we looked over the documents trying to figure how this all went wrong.

Turns out the Court hearing officer that decided there’d be no downward modification input my husband’s BI-WEEKLY income in as WEEKLY, affectively DOUBLING his salary.

We still can’t afford an attorney and will have to ask the court to RECALCULATE the income CORRECTLY and make it retroactive. Meanwhile he still had NO INCOME right now and will get only 60% of his pre disability income when his LTD policy begins paying (who knows how long LTD and SSDI will take).

EITHER WAY, he was still TERMINATED on May 1st, can NOT get another job because of his health condition. This is all supported with EXTENSIVE medical records and documented findings as a result of testing. 3 neurosurgeons and a rheumatologist have deemed him unable to work.

We are not trying to get OUT of paying for the child, but arrears are piling up FAST because the court officer entered his BIWEEKLY income as WEEKLY on the guideline worksheets

We can not appeal because it’s past 45 days.

 

[stealth2]

And your question is...?

 

[justalayman]

I think it is

What can I do , short of hiring an attorney, to have the calculation revisited given the fact it is incorrect considering the 45 day appeal window has expired?

 

[FrustratedbyNJcourts]

Yes, that’s my question, because the Court hearing officer incorrectly input the income, can we ask the court to recalculate retroactively to the date of filing or at least of the court date?

This isn’t a small dollar amount. They accidentally DOUBLED his salary with that error.

 

[Just Blue]

Yes, that’s my question, because the Court hearing officer incorrectly input the income, can we ask the court to recalculate retroactively to the date of filing or at least of the court date?

This isn’t a small dollar amount. They accidentally DOUBLED his salary with that error.

Pease have your husband join and ask his questions regarding his legal issue. Thank You.

 

[FrustratedbyNJcourts]

Pease have your husband join and ask his questions regarding his legal issue. Thank You.

Thank you, that’s not going to happen. My husband has an absolute aversion to the internet and social media. I think some of that comes from the fact English is his second language.

 

[Ohiogal]

After paying child support, providing all health insurance for 8 years and no access or visitation, my husband became unexpectedly disabled in November.

Immediately filed for downward modification because short term disability paid 40% less. Not only did she hire an attorney for $265 an hour to fight the decrease, he walked out with an INCREASE. We can’t AFFORD an attorney and we’re shocked they could claim disability was TEMPORARY because SSDI hasn’t decided the case yet. My husband was terminated May 1st and his LTD policy and SSDI case are pending. We received another motion from her attorney yesterday seeking a LOT more money to pay 74% of ALL extracurricular activities, summer camp, dance lessons, her ATTORNEY fees etc as a according to her attorney my husband has a substantial increase in income.

As we sit here without him having ANY income, @ 58 years old we looked over the documents trying to figure how this all went wrong.

Turns out the Court hearing officer that decided there’d be no downward modification input my husband’s BI-WEEKLY income in as WEEKLY, affectively DOUBLING his salary.

We still can’t afford an attorney and will have to ask the court to RECALCULATE the income CORRECTLY and make it retroactive. Meanwhile he still had NO INCOME right now and will get only 60% of his pre disability income when his LTD policy begins paying (who knows how long LTD and SSDI will take).

EITHER WAY, he was still TERMINATED on May 1st, can NOT get another job because of his health condition. This is all supported with EXTENSIVE medical records and documented findings as a result of testing. 3 neurosurgeons and a rheumatologist have deemed him unable to work.

We are not trying to get OUT of paying for the child, but arrears are piling up FAST because the court officer entered his BIWEEKLY income as WEEKLY on the guideline worksheets

We can not appeal because it’s past 45 days.

You can't do anything. YOU are not a party.
Your husband is the one who needs to support his children. Doesn't matter what she paid -- how do you know that? You don't have to afford an attorney. Your husband needs to grow up and handle his affairs.

 

[Ohiogal]

Thank you, that’s not going to happen. My husband has an absolute aversion to the internet and social media. I think some of that comes from the fact English is his second language.

Then your husband is choosing to be ignorant. As you have no right to do anything in court.

 

[commentator]

Quote: "We received another motion from her attorney yesterday"

Okay, I am somewhat confused. If you received a motion yesterday, surely that gets you another chance to go back to court and appeal? But then, it is glowingly obvious that you, having taken on all the responsibility for dealing with this whole situation, are not going to be able to handle it alone. You've certainly not been very successful so far, and you very much need to get an attorney to walk your husband through this situation. This is just not a self represent situation, and self representation means that, not that you hand it off to your wife.

So you hadn't looked at the child support charts before court and made some sort of ballpark estimate of how much you might end up owing, hadn't noticed until more than 45 days later that the imputed income shown on the increased support was based on an incorrect amount of salary? That's the sort of thing that is why you really need an attorney.

I'd suspect that what happened was that your husband's support when first set up was based on what his income was eight years ago, and that he has gotten some increases in income over the last eight years that were not included in the original computation of support. And when you opened the door again, by going back to file a motion to change things because of his current disability, it opened the door for her attorney to point out that he has had raises, to point out to the court that the disability may only be temporary, and that he's underpaid child support for a while before now. It appears that point was made with the court, whether they miscalculated his income or not.

Also, you sound terribly resentful and indignant (whether or not he sees the child has nothing to do with the payment of support, is up to him, how much she paid an hour for her attorney isn't relevant, though you're obviously resentful) And if your husband is not a native English speaker, and has no attorney, expects you to handle everything, I bet he is not going to do well at all in court, and that things will continue to go downhill in this case until you either get representation or he takes on the responsibility for his own child support.

 

[stealth2]

Well put, commentator.