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Completing a CIS for modification

Westfield, NJ |

I am completing a CIS for support modification, both CS and alimony. One of my children has been emancipated as they graduated from college. I am basically supporting this child as they have part time employment averaging about $100 per week (unable to find full time employment - intends to go to grad school next year -2014). Child is living with me in one of the bedrooms in my house. I do not buy things for this child but do provide shelter and food. Child also uses my only car.
It's been years since I was divorced and have never gone to court for a modification. What do I do about the expenses for this emancipated child? Will I be questioned about how much I spend on food for this child? My housing costs are pretty much the same whether they live here or not

Attorney Answers 3

  1. Within the Case Information Statement you are asked to account for your expenses, all your expenses. If the opp. party or the court questions you about the expenses for the emancipated child, based on your ability to post the question, you can simply explain it.

    For the most part the court is going to review what, if any, significant permanent change of circumstances has occurred with regard to your annual income and the annual income of your ex. After that the court might explore whether an individuals annual expenses greatly increased or decreased as well as the reasonableness of such changes.

    When seeking to establish a significant, permanent change of circumstances it is important to point out all the contrasts that exist between the circumstances as they were when the support obligation(s) was last set against the current circumstances.

    Kenneth A. White, Esq.

    The Answer provided was based on the limited information provided, and represents information based on the law in general, not a legal opinion that can be relied upon. Before a formal legal opinion can be offered I would need an opportunity to review all possible relevant facts and circumstances. You cannot rely on the advice of an attorney given over the internet. The exact facts of your sitaution, including facts which you have not mentioned in your question, may completely change the opinion that is being offered. Please be aware that the above comments are neither protected by attorney-client privilege, nor may the same be the basis for a malpractice lawsuit.

  2. Do the best you can to segregate out the expenses for the emancipated child.

    DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed

  3. Agreeing with the previous posts, I would say that you should absolutely explain all real expenses you bear in the appropriate areas on your CIS. While the child may be emancipated, you are still apparently bearing expenses related to him anyway.

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