NCP's Spouse

[stealth2]

Right, from what I've read in NJ CS guidelines, the court will look at the new wife's earning potential and if they have kids, they will subtract from her earning potential the average cost of daycare for her kids. They then use that figure as how much she can contribute to the household if she were a working mom.

Would you share that portion of NJs guidelines? 'Cause that sure as hell hasn't been my experience in NJ.

 

[LdiJ]

Would you share that portion of NJs guidelines? 'Cause that sure as hell hasn't been my experience in NJ.

I don't think that you have been dealing with hardship reductions though. This isn't a normal calculation he is asking for. He is asking the judge to deviate from the guidelines due to hardship. That makes all kinds of things "fair game" that normally couldn't be taken into consideration.

 

[stealth2]

I don't think that you have been dealing with hardship reductions though. This isn't a normal calculation he is asking for. He is asking the judge to deviate from the guidelines due to hardship. That makes all kinds of things "fair game" that normally couldn't be taken into consideration.

Since you really don't know what I've been dealing with, your comment is rather moot. Not to be rude. I'd still like Coastinwmn to provide the portions of NJ statutes that she's refering to.

 

[LdiJ]

Since you really don't know what I've been dealing with, your comment is rather moot. Not to be rude. I'd still like Coastinwmn to provide the portions of NJ statutes that she's refering to.

Sorry, I didn't mean to offend. I just feel like a lot of the responses on this thread more or less ignored the fact that he was asking for a hardship reduction/deviation from the guidelines when making their responses....and that does change the rules.

I suspect that a judge can more or less look at anything the judge wants to look at, or take anything he/she wants to take into consideration in that scenario.

 

[Coastinwmn]

Would you share that portion of NJs guidelines? 'Cause that sure as hell hasn't been my experience in NJ.

NJ Sure Stealth, I am sorry this hasn't been your experience

Here is a quote from it

"" When imputing income to a parent who is caring for young children, the parent's income share of
child-care costs necessary to allow that person to work outside the home shall be deducted from the
imputed income. For further information on imputing income, see Gertcher v. Gertcher, 262
N.J.Super. 176 (Ch.Div. 1992), Bencivenga v. Bencivenga, 254 N.J.Super. 328 (App. Div. 1992),
Thomas v. Thomas, 248 N.J. Super. 33 (Ch.Div. 1991), Arribi v. Arribi, 186 N.J.Super. 116
(Ch.Div. 1982), Lynn v. Lynn, 165 N.J. Super. 328 (App. Div. 1979), Mowery v. Mowery, 38 N.J.
Super. 92 (App. Div. 1955).""

Here is a link to where you can find this..
http://www.judiciary.state.nj.us/csguide/ix-a.pdf It is under section 12 and it's paragraph 13.

 

[VeronicaGia]

NJ Sure Stealth, I am sorry this hasn't been your experience

Here is a quote from it

"" When imputing income to a parent who is caring for young children, the parent's income share of
child-care costs necessary to allow that person to work outside the home shall be deducted from the
imputed income. For further information on imputing income, see Gertcher v. Gertcher, 262
N.J.Super. 176 (Ch.Div. 1992), Bencivenga v. Bencivenga, 254 N.J.Super. 328 (App. Div. 1992),
Thomas v. Thomas, 248 N.J. Super. 33 (Ch.Div. 1991), Arribi v. Arribi, 186 N.J.Super. 116
(Ch.Div. 1982), Lynn v. Lynn, 165 N.J. Super. 328 (App. Div. 1979), Mowery v. Mowery, 38 N.J.
Super. 92 (App. Div. 1955).""

Here is a link to where you can find this..
http://www.judiciary.state.nj.us/csguide/ix-a.pdf It is under section 12 and it's paragraph 13.

You're confusing the parent with the parent's spouse. The law you quoted specifically states "a parent...." not a step-parent.

 

[stealth2]

Thank you.

(edit) Actually, VG, down on page 11 it DOES say that there's a provision if the spouse is un- or underemployed, s/he can be imputed an income when calculating the supporting parent's ability to pay CS.

It's unlikely that OPs ex is going to get a downward mod in any event.

 

[Coastinwmn]

Thank you.

(edit) Actually, VG, down on page 11 it DOES say that there's a provision if the spouse is un- or underemployed, s/he can be imputed an income when calculating the supporting parent's ability to pay CS.

It's unlikely that OPs ex is going to get a downward mod in any event.

Thanks Stealth, I knew there was a paragraph regarding the NCP's current spouse's income impution and childcare for spouse's children with NCP.