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
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?
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.
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