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Essex County Division of Welfare v. Walker

Decided: March 10, 1988.

ESSEX COUNTY DIVISION OF WELFARE AS ASSIGNEE OF LORETHA JARIDO, PLAINTIFF-APPELLANT,
v.
LEOTIS WALKER, DEFENDANT-RESPONDENT



On appeal from the Superior Court, Chancery Division, Family Part, Essex County.

Brody and Long. The opinion of the court was delivered by Long, J.A.D.

Long

Plaintiff Essex County Division of Welfare, as assignee of Loretha Jarido, appeals from an order of the trial judge directing defendant Leotis Walker to pay a total of $12.00 per week in support for Jarido's two illegitimate children, paternity of whom Walker has admitted. In addition to the insufficiency of the support order, plaintiff claims that the trial judge erred in failing to include Walker's admission of paternity in the final order. We reverse and remand.

This record was insufficient to sustain any support award. All that the trial judge had before him was Walker's assertions that his weekly salary is $230.00, that he is married and supporting his wife and five children, and that his bills "almost match his pay." No other evidence was adduced.

N.J.S.A. 9:17-53(e) provides that in determining the amount to be paid for child support, a court . . .

shall consider all relevant facts, including the:

(1) Needs of the child;

(2) Standard of living and economic circumstances of each parent;

(3) Income and assets of each parent, including any public assistance grant received by a parent;

(4) Earning ability of each parent, including educational background, training, employment skills, work experience, custodial responsibility for children and the length of time and cost for each parent to obtain training or experience for appropriate employment;

(5) Need and capacity of the child for education, including ...


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