child support issue

[amiecarlock]

My husband has 2 kids from his previous marriage (16 & 19) and we have a 6 year old together. They have been divorced for 10 years. He was paying $125/week in support to her and allowed to claim the 16 year old on his taxes. She took him to court recently and had the 19 year old emancipated. The court re-did the child support based on her 2007 salary of $67,000, his 2008 salary of $51,000 and my 2007 salary of $6,000 (for the credit for our son) they put in a credit for the 16 year old being with us 1 night a week. the order came out to $117/week for the one child. and they are letting her be the only one to ever claim the 16 year old for taxes. this seems too high and just plain wrong! does my son have any rights? why is one child entitled to over $70,000 a year and my son only entitled to so much less? The courts say they are all about the childs rights? What happened to my sons rights?

 

[Duranie]

What state is this in? Normally spousal income is not included. Did your husband have an increase in income from the last order? Did your husband appeal this at all?

 

[amiecarlock]

This is in NJ. This just happened on Friday and we are waiting for the final order to come in the mail and then we are going to contact a lawyer to try to appeal it. My income only came into play so that the court could figure out what the other dependent deduction was for my son.
Income has changed for my husband and his ex since the last order (it was 10 years ago) he was making around $35,000-$40,000 and she was making around $15,000-$20,000, but that was based on 2 kids and my son wasn't part of the equation. Now she's making considerably more than my husband, it's only based on one of their kids in common and my son gives my husband a deduction!