CHILD SUPPORT MOD.- I live in NJ & defendant is in NY. Can I argue that utilities should not be calculated in? Details are below

Asked 5 months ago - Cherry Hill, NJ

Overnights started so they called for a modification on the child support BUT I also found out that the defendant left his current residence - a coop to live with his parents to "save money". He rented out the coop temporarily. I know that I can consider as some type of additional income to calculate in the CS. But he insisted that there is know additional income because he is using the tenants payment for the mortgage, coop fees & utilities. I understand the mortgage and fees and I'm arguing that utilities cannot be computed because it changes every month and it's NOT a lanlord's obligation to pay for it. It started to look shady so we asked for a copy of the lease agreement. To validate the shadiness, he provided me with a different copy than his lawyer did. So I want to fight this.

Attorney answers (2)

  1. Jonathan R. Miller

    Contributor Level 16

    1

    Best Answer
    chosen by asker

    Answered . if you are asking whether you can use the defendant's rent from the coop to modify the child support, the answer is yes. the rent that he is receiving is income that he did not have before. and, if he argues that the money is just covering the mortgage, that means that his monthly expenses are substantially lower than before. also, if he shows you one rental agreement and the lawyer shows you a different one, that could be evidence of fraud and dishonesty (unless an innocent mistake).

  2. Ronald Glenn Lieberman

    Pro

    Contributor Level 18

    Answered . You should feel free to dispute any information from him.

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