Recalculation of Child Support after Alimony is Terminated in a New Jersey Divorce. When the term of alimony ends after a divorce when the children are still unemancipated, child support generally continues and must be recalculated as the income for one of the parents has often dramatically been reduced. Often rehabilitative alimony is a component of alimony and that party may have attended school and retained a new job such that their income is dramatically increased since the divorce. In some NJ divorce cases, upon termination of alimony, the payor of the alimony may have had their income change dramatically, up or down. The children will be older, may be teenagers or in college and college tuition and expenses have to also be determined based on the matrimonial agreement of the parties and potentially their income at the time of the children attending college. All of these issues need to be taken into account when recalculating alimony. The imputation of the party that is no longer receiving alimony is the first step in the recalculation. If that party had the opportunity for rehabilitation and chose not to do that, that is a factor that is relevant in imputation of income. If that party received education in the interim and again chose not to go forward with a related job, imputation using things like the New Jersey Department of Labor and their statistics for average income for certain employment may be used for imputation, there is also a federal website that may be referred to as well, with certain state statistics. You may ask the Court to take judicial notice of their statistics in any imputation of income for purposes of determining a child support recalculation. Upon recalculation, either by the Court or the parties, a new child support order needs to be entered for the parties to follow going forward. If you need help with your child support recalculation, call us at 732-390-0480 or 201-242-1119 for a free consultation. We offer flat fees for certain services as well and offer night appointments in both of our offices in East Brunswick and Fort Lee. Our NJ divorce attorney and NJ divorce lawyer can help you today!
Aug 14, 2016 @ 11:41 AM — by Michael Green