Under the Table Earnings – Military Pay – Modification

Question: My ex and I have been divorced for five years, I have recently remarried and have a daughter, too. My son is from the marriage that ended in divorce. We agreed on child support payments through our divorce at five hundred a month. He receives benefits from a military discharge, he gets about 600 a month for that. He is a plumber and works under the table and also has been a bouncer at night clubs and made money illegally. Now he is with a new girlfriend and all of the sudden is claiming that he can’t pay because he can’t find a job, but reports having applications out! He wants to file for a reduction in support payments claiming he has no income, claims he makes only 900 a month. I work two days a week, and pay child care for those days, I am also responsible for his health insurance and always have been. I have an bright a child in special gifted enrichment classes through the school system, he is in band, ccd, scouts, and baseball all which I am responsible for paying, equipment and transportation. What Am I to do? What are my rights in NJ. If he has always paid in the past without “reportable/ legal income” is he entitled to continue to do so . I know his military benefits cannot be used for determination if that is his only income. What if he has other jobs, can it then be factored into account? Any insight is greatly appreciated.

Answer: He has a right to apply for a downward modification if he is making less money. You will be given an opportunity to challenge his income statement at the hearing. So be ready, have a friend contact him and obtain a quote for plumbing job, have your fiend ask for references and usual rate of pay. Your friend can then testify about this and you can subpoena his “references” to prove he does indeed have more income than he is claiming. Also his military benefits and/or Social Security Disability Benefits are counted an attachable income, only Social Security Supplemental payments which are suppose to be temporary and less than $200 are protected from attachment.