[tnjndaddy]

I have quit my full-time job and taken on another full-time job where I work 8 am to 7 pm instead of working 2 pm to 1 am tues through Sunday to create more opportunity to see my kids. Be that as it may I am being told that I am going to have to pay the same in support payments even though I make sufficiently less per week. Keep in mind my 2 kids spend 3-4 nights with me but I pick them up around 7 pm 2-3 nights during the week and all weekend is spent with them.
Originally I was told I was 100% financhially responsible for both kids because mommy was going to a 1 year medical assistant program. She has finished the program and now I'm being told I am still 100% financhially responsible for both kids. I don't get it. I work hard, spend quality time with my kids, and I get the short end of the stick? Is the system just not fair or am I being misled?
I live in nj and I am worried that I will still have to pay 1300 dollars a month when now this is half my income. What should I do?
Please help

[excon]

am being told that i am going to have to pay the same.....now i'm being told i am still 100% financhially responsible for both kids. i don't get it..... what should i do?

Hello t:

If you're being told this by HER, or HER lawyer or the STATE, then you better get your OWN opinion.

excon

[cdad]

Are you in the same line of work ? Were you making extra because of the shift you were working ? If that's so then you need to go back to court and ask for a change. Im not sure what you mean by being responsible 100%. But regaurdless; You need to file because of a change in circumstance. Also if your state allows for the mothers income to be calculated into the child support figure then you need to make sure that they impune her income even if she makes nothing.

[Fr_Chuck]

Yes who is telling you, since you have a court order you do have to pay the same until you get the court order modified,

Have you made a motion to modify the court order and was it turned down by the judge

[cadillac59]

I cannot comment on NJ law, but where I practice (California) there's an argument you could make to the court that, if it is in the children's best interests (because you get to see them more for example) you should be entitled to take a lesser paying job and not have the higher (former) income imputed to you. Talk to a family law attorney in your area and see if there's an exception to an earnings imputation order on the basis that it serves the children's best interests (we have a case in CA that says this is so).

Also, the increased custodial time would have an impact in my state on the overall child support calculation, which means that even if you used the old income figures to reassess support, you might end up paying less anyway (sort of making up for the lesser pay) because of the increased timeshare.

Give both of those arguments a try, but check them out with a NJ attorney first, of course.