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 facts presented are different. Additionally, this answer does not contain any confidential information nor does it create any attorney/client relationship.
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 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.
You should merely insist on using the child support guidelines.
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