If you are a parent ordered to pay child support, then you need to take this obligation seriously. Not only is the financial contribution critical to your child's well-being, but you can face some serious penalties if you do not comply with child support orders.
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.
In times of divorce, people walk into our family law office with questions of whether or not we believe their Property Settlement Agreement or Marital Settlement Agreement is fair and equitable, unfortunately after they have already signed the document and it has become a legally binding document enforceable by the Court. As a general rule, do not sign a settlement proposal such as a Property Settlement Agreement or a Marital Settlement Agreement until you have had the opportunity to review it with an experienced matrimonial attorney. In addition, after the settlement proposal is signed, it is very difficult and often impossible, to undo any damage that leaves you in an unfair position regarding, for instance, payment of alimony, child support or your share of assets from the marriage.
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?
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.