BAYONNE NEW JERSEY HUDSON COUNTY DIVORCE LAWYER CHILD SUPPORT

The New Jersey divorce judge was correct in increasing the father's parenting time, where the purpose of the change was to reduce stress on the children from custody transfers, and the children responded well to an alternating schedule. However, the judge erred in reducing the amount of child support based on defendant's contention that the amount agreed upon in the parties' New Jersey divorce agreement was a mutual mistake. There were factual disputes as to whether the parties had agreed to calculate the child support based on the New Jersey Child Support Guidelines, with fundamentally different views as to their intentions and whether there was a mutual mistake. Therefore, the judge should have held a plenary hearing, which is ordered on remand.     Foster v. McGee, Jr., New Jersey App. Div., January 14, 2008