How do I go about requesting another review of the case concerning the reduction of child support?

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How do I go about requesting another review of the case concerning the reduction of child support?

I disagree with the Judge’s ruling concerning a reduction in the amount of child support payments for my 2children. The Judge allowed a 50% reduction based solely upon a change in employers. I believe the Judge should have considered my adversary’s entire financial picture, rather than just his current salary. It appears some income and assets were not disclosed. I would like copies of my adversary’s tax returns and current pay stubs. I would also like the Judge to order full payment of child support arrearages, currently in excess of $20,000. Is it an appeal of the Judge’s decision?Is it a Motion for Reconsideration appropraite? And lastly, do I need to cite prior cases as a reference?

Asked on October 7, 2010 under Family Law, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It is very difficult to asses how you are to proceed procedurally in this matter without reviewing what went on prior to this point.  It is best to speak with an attorney in your area on the matter, at least to make sure that whatever the procedure required you do not blow the time frame to file it if you are doing it pro se.  That alone is worth the money expended. As long as you have grounds for a Motion to Reconsider then I would file it at the same time that you file the Notice to Appeal (in New York you have 30 days for both from service of the Order with Notice of Entry).  It may or may not be the same in New Jersey. Case law to support your position is always a good idea.  Good luck.


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