Ex owes me over $30K in reimbursements for expenses for the children. I can't afford a lawyer. A couple of questions:
Do I need to file a CIS if it's to get what is owed me? Many purchases I pay in cash and don't have the receipts - I'm talking about food, an occasional splurge i.e. new underwear, a candy bar for the kids, etc, gas for the car, a pizza because I'm too tired to cook.
Is it wise to go for an increase in support at the same time? When does my ex have to file a CIS? They are very shrewd.... and have alot of money!
Like I said I have no money for a lawyer and am sinking fast.Regarding filing a CIS and those cash purchases, is there someway I can prove they're reasonable? If the cash purchases are 10-20% of my income, is that ok? Do I need to prove those cash expenditures?
Sometimes in this forum you will get a fast answer. In the event that you do not then try doing this: Get about 7 lawyers that have been reviewed online and evidence a good 10 years in practice. See if they have a consultation fee. Wednesday afternoon after 1:30 p.m. start calling the ones with no consultation fee and see if the attorney will answer questions over the phone. State your facts and judge that you will be front of, choose a lawyer who has been in front of your judge with your facts. Mondays are not good to call as the lawyers are in court typically and rushed from the weekend. Fridays everyone wants to leave early. You can always try another day of the week, Wednesday is a safe day.
I agree that a short consultation over the phone may be a good way to go. I am not sure why your ex would have to reimburse you for food, or candy bars, gas for the car, those generally come under child support. You did not make it clear as to whether you are the residential custodian or not but it seems like you might be. Unless you have an agreement that specifically provides that the ex has to pay for food, pizza, gas for your car and the like, these things are generally not something the other parent pays for when the children are with the custodial parent since they are covered under child support.
Bringing a petition for child support increase is a totally different animal. If you feel that there has been a changed circumstance since your last order, then you could ask for an increase. However, you would have to produce your income information, and you would have to establish a change of circumstance which could be; if the other party is earning more, you are earning less, or the amount of overnights changed, this could be a basis, but not necessarily. Sometimes, a small fee to a lawyer can save you big money so you need to consider what your facts are before you go ahead. Good luck, I hope this answer was helpful.
Disclaimer: The information you obtain at this answer is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Review of this answer does not in any way constitute legal representation,
In order to be reimbursed for any expenses that he owes you pursuant to an agreement you need to supply proof of any such costs. Whether you should go for an increase depends if you can show a substantial change of circumstances. He will only have to provide his financial information if you can satisfy that burden.
You will have a hard time proving that you are entitled to reimbursement without proof of the payments you made. If you ex's finanial condition is that much stronger than yours, you should consider consulting with a family law attorney. Under certain circumstances, family judges can order that one party pay the other party's legal fees in NJ. Best of luck
You don't need a CIS if you are merely seeking enforcement.
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You should find a local attorney and get advice based on a better conversation. There are too many factors to consider to provide you better advice.
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Generally, there needs to be an agreement or court order obligating your ex to contribute to the expenses in question. Certain expenses are already included in child support. Documentation of expenses is crucial in proving your case. It is best to review your case with an attorney, to determine if how to proceed and also evaluate whether to seek an increase in support.
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