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Old 01-04-2009, 07:54 AM
 
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40 years old, kids are late teens. Original divorce agreement one year ago was no child support, no alimony after 20 years and I have the children. I make alot more money than my X but recently laid off. She has lived with her parents since and makes a very, very low income of less than 20 k. Considering seeking at least temporary child support. Can she reconsider alimony? I have a high paying job now but didnt make but 40 k while we were married. I support both children and one is going to college next year. I offered her a "between us" temporary support but she says I can take her to court. Should I be nervous about opening a can of worms and leave well enough alone?
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Old 01-04-2009, 08:09 AM
 
Location: The Beautiful Pocono Mountains
5,450 posts, read 8,739,782 times
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No, you shouldn't be worried. Go right ahead and open it. You deserve support as much as she would if she had them.

You had them together and should support them together as well, if not physically, at the very least financially.

Go file that motion tomorrow.
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Old 01-04-2009, 09:28 AM
 
Location: NJ
23,820 posts, read 33,327,474 times
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Quote:
Originally Posted by airbayforce View Post
40 years old, kids are late teens. Original divorce agreement one year ago was no child support, no alimony after 20 years and I have the children. I make alot more money than my X but recently laid off. She has lived with her parents since and makes a very, very low income of less than 20 k. Considering seeking at least temporary child support. Can she reconsider alimony? I have a high paying job now but didnt make but 40 k while we were married. I support both children and one is going to college next year. I offered her a "between us" temporary support but she says I can take her to court. Should I be nervous about opening a can of worms and leave well enough alone?
Here is the NJ Child Support site

She makes less then $20k, which is not a lot for one person especially these days. She's already living with her parents, you don't know if she's paying rent.

You make a higher salary, not sure what you are making since you don't say, right now you're laid off.

Going to court can go a few ways, I would do my research before filing a motion.

Can she get alimony? Who knows. Some judges give it, some don't. I didn't get alimony. Right now she's working in a low paying job, is she capable of making more?

While you have custody of the kids, she can file a motion to get custody of one or both kids, then you can end up paying support to her, or neither of you get support with one child each.

College - this can also go a few ways. If neither of you are making much the judge could rule that the kid pays for college themselves.. they would have to apply for all loans & grants and if they don't show they applied for grants the judge can say no college on the parents. If the child does apply for grants, the parents can be made to split the cost of college, and this could go a few different ways. When my son went, he had to apply for everything, financial aide, grants, and loans. What he got turned down for, I then had to apply (custodial), then my ex was made to pay 75% of that loan. There also was child support during college, but it got lowered. My son was told that since he already had a job, he could continue working part time.. this was after his school schedule was taken into consideration.

Are your kids working? If not, why? They should be helping to offset some costs even if it means they pay their own cell & some clothes. If they have a car, they should be working to pay for gas & insurance.

Is it worth it to go back to court? No one can really tell you that. You have to figure out the best & worst case scenario. To me, it sounds like your ex-wife may think she's gotten the raw end of the stick, possible she's learned more since then and is waiting for you to take her to court, then she will file a cross motion. Right now you're worried she may ask for alimony, can you say she won't ask for custody too?

Child support guidelines FAQ's

Child support worksheets - the main (Sole parent) one is Appendix IX C. You'd most likely need to save all of the files then print them out.

Go talk to an attorney. That's your best bet.
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