Need second opinion regarding using shared parenting worksheet instead of sole parenting worksheet to calculate child support.

Asked 9 months ago - Newark, NJ

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?

Attorney answers (2)

  1. Amy B. Hansel

    Contributor Level 13


    Lawyer agrees


    Answered . 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... more
  2. Philip Smith Burnham II


    Contributor Level 13

    Answered . 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.

    Good luck.

    Please mark as "Helpful" or "Best Answer" if our advice helped you. I would be happy to follow up with you.... more

Related Topics

Child Custody

Child custody involves decisions about who will be responsible for a child, including parental rights, for both married and unmarried parents, and adoptions.

Family court and child custody cases

Family court can be the last resort for child custody disagreements when negotiation, mediation, or collaborative law fail to resolve custody disputes.

Samuel Jackson Siemon

Filing for Divorce, What to Expect

Filing for divorce can be a difficult and emotional decision but once you have decided that it must be done, what should you expect? What are the first steps? How long does it take? How... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

24,925 answers this week

2,984 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,925 answers this week

2,984 attorneys answering