Excerpt: If one spouse has cash based on business and the other believes that not all income is being reported on the tax returns, can an attorney help them establish true income before setting child and spousal support? An attorney can absolutely help them identify what the income is for purposes of child support and […]
Child Support
How is child support determined in Ohio?
How is custody and child support decided when dealing with children of unwed parents in Maryland?
Are the Maryland Child Support Guidelines meant to cover all expenses related to children?
Can a recipient apply to have child or spousal support increased due to a negative change in circumstances?
It depends. Child support and alimony are treated differently by the courts. Alimony is unlikely to increase in terms of duration. It is critical that a party review their Marital Settlement Agreement as to the specific language utilized. Having an experienced and knowledgeable attorney in the divorce process will ensure that the language in the […]
Can a recipient ask for a spousal or child support increase to reflect a payor’s improved financial situation?
If the payor experiences a positive change, the payee can request an increase in child support and the child support orders may be modified upon a prima facie showing of changed circumstances. However, the purpose of spousal support is to maintain the former marital standard of living if possible; therefore, an increase in the payor’s […]
If a high-wage earner’s income plummets before divorce, would that affect spousal or child support?
It could. If the income plummets only the year before the divorce, we would obviously look at that to determine why it plummeted, to see if there was some divorce planning being utilized on the part of that spouse. If we assume, for argument sake, that the loss or the drop in income was not […]
Can an ex-spouse apply to have spousal or child support reduced or terminated?
Yes, if the payor experiences a substantial change in circumstances, he or she may apply to have his or her support obligation reduced or terminated. There is a two-step process in determining whether modification of alimony is appropriate: (1) whether there was a prima facie showing of changed circumstances, and (2) whether the supporting spouse […]
How can a custodial parent collect child support if their ex-spouse lives in a different state?
Once New Jersey has entered a child support order, any state within the United States will enforce that order under the Uniform Interstate Family Support Act, also known as UIFSA. If New Jersey enters a support award and the payor parent is not making the payments that they’re supposed to make, the recipient can go […]
Can divorcing spouses agree that neither will pay child support to the other?
Neither party has the right to waive child support since child support is the benefit of the child, meaning the child owns that right. However, there is case law which provides that the parties can take on the other party’s responsibility for support. Let’s use an easy example: if Dad is a Wall Street executive […]
Follow Us on Social Media