Requesting a triennial review of your child support isn't always a good idea. The fact is that a triennial review of your child support could also work against you.
Judge Lawrence Jones of the Ocean County Superior Court has just released a decision entitled Zeitlin v. Zeitlin which addresses child support and the right to claim children on federal tax returns in the event of child support arrearages in New Jersey.
The accurate determination of child support awards and obligations is important for the well-being of your family. Attorneys and judges often hear from litigants that the child support ordered by the Court makes little sense in the reality of their situation. The parent paying support tends to question whether the amount awarded is really needed for the child's expenses, while the parent receiving support feels the amount awarded is not sufficient to meet the child's needs. Why does this disparity exist, and what can you do about it?
There are significant changes to the New Jersey child support laws with regard to calculating the amount of child support which will be effected on September 1, 2013. The New Jersey Supreme Court appointed a Family Practice Committee to review the previous guidelines for calculating child support in New Jersey. The Family Practice Committee, state and federal agencies, and an appointed economist, worked together to gather and share data. On April 10, 2013, a report was submitted with recommendations for changes to the guidelines.
In the recent New Jersey Appellate Division decision of Ortiz v. Ortiz, the Court ruled that qualification for VA disability may justify modification of child support and alimony obligations. In the matter Ortiz v. Ortiz, the party paying support achieved a 40 percent VA disability rating and the Court found this sufficient to open the case up for review and a potential downward modification of child support and spousal support.
During a divorce, alimony, also referred to as spousal support, is the exchange of money between former spouses when, at the end of a fairly long marriage, there is a substantial difference in the parties' actual income or income earning ability. The federal tax code permits the person paying a spousal support to deduct the payment from their federal tax obligation and further requires the recipient to report alimony as income, no different than a paycheck from a job. Section 71 of the Internal Revenue Code (IRC) has certain technical requirements for purposes of deducting and declaring alimony upon tax returns. Among these is the requirement that there be a written document between the parties memorializing the alimony obligation.