I hired a lawyer to consult if the court used proper CS worksheet. According to my lawyer the court should use the shared parenting worksheet based on I have more that 28% overnights and her income is above the threshold income of $597 a month (2 household members). However on line 36 on his proposed shared worksheet he is adding PAR net income plus my CS support payment and I think that his calculation is wrong. In order to do the income test I think he does not need to consider my CS payment as an addition to her net income. He already sent an application but I do not want to go to court and be told that our numbers are incorrect and blow 2K with the wind. I told him to double check but he got upset like if I do not trust him. In the case that he is wrong am I entitled to a refund?
Divorce / Separation Lawyer
The Court will use a the Shared-Parenting Worksheet (Appendix IX-D) if the Parent of Alternate Residence (you) has the child for the substantial equivalent of two or more overnights per week, excluding extended PAR Time (e.g., vacations) and has shown that separate living accommodations for the child are provided in the alternate household (see shared parenting standards in Appendix IX-A, paragraphs 14(b) and 14(c)). This essentially works out to 28% of the time.
If you do not trust this attorney do not hire the attorney. You are not entitled to a refund if you go to court and you are unhappy with the results. I am positive the attorney will not refund your retainer. I suggest you read the attorney's retainer agreement prior to signing it because I do not know any reputable attorney who would put that guarantee into a retainer agreement. However, in New Jersey, you are entitled to a refund of any unused portion of a retainer agreement because it is unethical to have non-refundable retainer in family law matter.
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Divorce / Separation Lawyer
In most situations, the judge will calculate his or her own child support guidelines so in the event your attorney erred, it will be corrected.
This answer does not constitute the establishment of an attorney/client relationship nor is there any guarantee that this advice will be completely effective in a court of law. A consultation, including review of court orders and other documents is necessary in order for me to give you proper advice and guidance.
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