It has recently come to light that the court may have been calculating child support incorrectly.  This revelation comes to light from a Mercer County case where an attorney recalculated child support using the software in his office and came up with the different result than the Court.  As a result, the attorney wrote to the Court and the Court directed the matter to the Administrative Office of the Courts (AOC) for review.  Sure enough, the attorney was correct and a corrected Order was entered. 

Since the support as calculated by the Court’s child support software was about 10% too high, this has raised concern among the bar whether all support orders calculated by the Court in the recent past have been too high. 

When the new Child Support Guidelines came out about a dozen years ago, there were essentially two main software packages that calculated support and the Court had one of the two.  While they usually were close, it was not uncommon for their to be a slight deviation in the calculations.  If there was a real discrepancy, the Court would usually accept the guidelines calculated using the same software that the Court had.

Several years ago, the Court went to a web based program to calculate child support.  This program was not available to the public or attorneys.  It now appears that there could be a problem with this program. 

If this is so, who knows how long it has been going on.  Perhaps there was user error in the matter described above – but that does not seem to be the case. Further, as both the taxes considered and other aspects of the Guidelines are essentially updated yearly, perhaps there was a programing error in the most recent update.  Worse yet would be if there has been a "glitch" in the Court’s program since it’s inception.

In the mean time, if your child support was calculated by the Court, you may want to have the calculations checked. 

Either way, stay tuned for updates on this story.

One Response to HAVE THE COURT'S BEEN CALCULATING CHILD SUPPORT INCORRECTLY

Obviously the Family Courts favor the mother/female and fathers/males are at a serious disadvantage. I do pay my child support, yet I feel that it’s possible that I have been over paying in support for many years due to her under reporting of her income. She works for her parents who are able to write whatever income amount is feasible on her W-2. I am not wealthy and have fallen on hard times, especially with the EX’s demands related to past college expenses that were incurred without me being part of the deciding process. Also, the EX’s court submissions along with her documented yearly income lacks consistency, yet the judge refuses to invoke the “Sheridan rule,” which I have asked in my certified reply to her Cross Motion, which the judge totally ignored/disregarded. Instead, the judge imputed an annual income figure for her based on the NJ Department of Labor (less 40%) and increased my yearly income amount because, as the other attorney said, “He’s only a teacher and should be able to work a second job.” I am to the point where I feel it’s time the State and Federal IRS need to be informed. What is my best defense and why does the judge refuse to examine her court submissions? Also, how can I get the IRS to examine her documents? And if indeed I have been over paying due to her under reporting, am I entitled to some relief? Thank You

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