subject: Child Support Under Legal Jurisdiction [print this page] Author: Author: . Bornstein, P.a" href="http://www.articlesbase.com/authors/samuel-d.-bornstein,-p.a/304967.htm">Samuel D. Bornstein, P.a
Child Support Guidelines set out in the Court Rules are used to calculate fair and adequate child support awards. A court may deviate from the Guidelines, though, for good cause. The Appellate Division recently reviewed the circumstances under which the Guidelines may be impacted by large student loans. In the case, when the parties divorced, they agreed defendant husband would make a certain weekly payment for child support. Thereafter, defendant went to law school, passed the bar and obtained lucrative employment. Plaintiff asked the court for an increase in child support based upon defendant's enhanced earnings. Defendant resisted, urging that he also had incurred significant debt in pursuing his education. The Guidelines do not contain anything dealing with student loans. YOU BE THE JUDGE: Since student loans are not covered in the Guidelines, can they be used to increase or decrease support obligations? The Appellate Division noted that the Guidelines are presumed to be accurate and appropriate. However, a court may deviate where a party demonstrates an adjustment is warranted. Although student loans and educational expenses are not specifically listed as factors in the Guidelines, they cannot be disregarded, if they are reasonable. Where these obligations were incurred in good faith to further a party's education and increase earning capacity, a court should consider whether an adjustment of the support award for repayment of these obligations is in the best interests of the child. The decision points out that a courtroom can bring justice and may be the only way to protect your rights. We know courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades. Please contact us to discuss how we can help you in a new lawsuit or provide a "second opinion" about your pending lawsuit. There is no obligation for the initial consultation.About the Author:
Author, Samuel D. Bornstein, is associated with the law firm (http://www.bornsteinlawfirm.com/) and has 40 years of experience in representing individuals and a wide variety of businesses from Fortune 100 companies that need specialized assistance to smaller companies that look to the firm as their "in house" lawyer for general day-to-day advice. The firm is experienced with transactional work and litigation, emphasizing corporate and partnership operations, employment and workplace law, professional negligence, malpractice matters, immigration, civil rights and real state matters and insurance defense.
