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    lenadelcampo's Avatar
    lenadelcampo Posts: 14, Reputation: 1
    New Member
     
    #21

    Dec 4, 2011, 08:53 AM
    I know that support and visition is separate unless you put them on the same complant, well at lease that's how it is here in nj. In this matter both is being ruled on at the same time because we added visition in the cross motion. I would like to thank all of you for listing to me and I know this site is made for law info but I was so upset and don't have many people to talk to do to the child I adopted was family. I did have many this answered that I was not sure of like my pay I really didn't know it could be added in if I would have known that we would have waited to get married and she didn't waste much time cause we only been married for 2 months. Its OK though because I do have some faith left that some how it will all work out. Like I said thank you to all of you.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #22

    Dec 4, 2011, 09:25 AM
    What I meant is that child support and custody/visitation are separately decided. A parent, for example, who doesn't ever seen the child still has to pay support.

    A parent who doesn't pay support still can see the child.

    Let us know how it works out for you.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #23

    Dec 4, 2011, 11:13 AM
    Quote Originally Posted by lenadelcampo View Post
    I know that support and visition is separate unless you put them on the same complant, well at lease thats how it is here in nj. In this matter both is being ruled on at the same time .
    The two can be dealt with at the same time, but they are decided separately. Whatever ruling the court make on visitation will have no bearing on support and vice versa.

    Good luck and keep us posted.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #24

    Dec 4, 2011, 02:07 PM
    Quote Originally Posted by lenadelcampo View Post
    My husband asked the judge if he was going to add his wifes income then is he going to add my kids and the judge said no because they are not his kids.
    Correct. They are not his children, thus he is nor responsible for their support just as you are not responsible to support his children.

    I will repeat califdad's post
    Quote Originally Posted by califdadof3 View Post
    Stepchildren are not considered legal dependents unless a court has found that the stepparent has a legal responsibility for the stepchildren. When considering the use of this adjustment, the following principles shall apply:
    (1) this adjustment shall be used only if requested by a serial-family parent and the income, if any, of the other parent of the secondary family is provided to the court;


    Ref to PDF file w/homepage:

    http://www.judiciary.state.nj.us/csguide/app9a.pdf

    Child Support Guidelines
    ... and to add
    Weekly Gross Income Does Not Include
    Income from other household members (e.g. step-parents, grandparents, current spouse) who are not legally responsible for the support of the child for whom support is being established.


    http://njfamilylaw.net/divorce_pages...-questions.htm
    In New Jersey a step-parent's income is not considered in determining the amount of child support one parent pays to the other.
    lenadelcampo's Avatar
    lenadelcampo Posts: 14, Reputation: 1
    New Member
     
    #25

    Dec 6, 2011, 03:14 AM
    Had a sit down with one of the best lawyers around my area. There are loop holes! They can not raise my husbands child support do to my income and from what he said because the courts are not adding my kids that they can not add there income from ssd and or child support. And because I am on ssd it goes under non taxed income in which she very little support if any at all. Which would not be right and being the parents my husband and I are we are going to ask the judge to just leave it were it is. Without all my other income not added and with all our JOINT bills it came out that we have a -458.00 a month and my lawyer said that her support would go off that. Sometimes the greedy people should think and make sure that they know what they are doing before they do it. Once again than you for all for your help on here.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #26

    Dec 6, 2011, 04:13 AM
    Quote Originally Posted by lenadelcampo View Post
    Had a sit down with one of the best lawyers around my area. There are loop holes!
    Consulting a local lawyer can be very helpful. Not only will they be more familiar with local law, they will also know the personalities and moods of the courts.

    I wouldn't call these loopholes. What the attorney told you seems to jive with the law as was posted here. Even if the judge asked for your income it couldn't be used in calculating support.

    Glad you have more peace of mind.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #27

    Dec 6, 2011, 04:39 AM
    Thank you for keeping us posted and updated. Please after your hearing let us know the outcome so we have real world results.

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