I am the plaintiff and I would like to know how to make the most of my case by asking for all the child support I can receive.

Asked about 2 years ago - Absecon, NJ

The defendant has retained an attorney and I would like to know how this may detriment my case. How can his lawyer lesson the amount of child support I may receive? My child is 3 months old & is not covered under medical insurance so I am requesting medical coverage- (applied for Medicaid however it has not taken effect). I was terminated from my employer when my doctor put me on disability for my pregnancy on March 22, 2012. I am unemployed. This is the first court date after the paternity test and is listed as a Blood Test Hearing. The father is in medical school in NY/unemployed. His parents reside in NJ and provide everything for him including his apartment, food, daily needs, etc while he temporarily lives there. He doesn't make ANY income- however he managed to retain a lawyer throug

Additional information

lawyer through his parents money as well as keeping enough funds to attend medical school, which as I understand- college is optional. Defendant will state he has no money to provide support. How should I prepare?

Attorney answers (3)

  1. Brad Michael Micklin

    Pro

    Contributor Level 14

    4

    Lawyers agree

    1

    Answered . Child support is determined by using the New Jersey child support guidelines. The guidelines utilize an income proportionate calculation to determine the noncustodial parent's weekly child support obligation.  This weekly obligation is then adjusted to account for the noncustodial parent's overnight schedule, the cost of medical insurance, any extraordinary or reoccurring medical expenses, daycare costs and any other support obligation.

    The child support calculation is presumed to be the accurate number and in the child's best interest. The court, however, does have the ability to deviate from the child support guidelines if it is found to be in the child's best interest.

    If the father is not making income, the court will inpute income to him based upon his education and work experience. The court will look to the NJDOL for income levels. He should also be required to complete a Case Information Statement which will show his expenses. You can utilize that to determine how much money he has.

    This information is based upon the limited facts you presented. My advice may be different if I find that the... more
  2. Kenneth A White

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . The response provided by Brad Michael Micklin, Esq. is correct.

    If you are uncomfortable appearing in court without an attorney you shoudl retain one. If you truly cannot afford one you may qualify for assistance through the Central Jersey Legal Services Program.

    Please keep in mind that you only get one chance to have the matter addressed correctly from the start. If an error is made, it will be 10x more costly in time and money to seek to undue an error that occurs as a result of you having appeared in court without counsel.

    The Answer provided was based on the limited information provided, and represents information based on the law in... more
  3. Ronald Glenn Lieberman

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . You should merely insist on using the child support guidelines.

    DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree... more

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