Legal Question in Family Law in New Jersey

Case Law

I need to get more information on a case law ''Cruz vs. Cruz'', this has something to do with spousal support. Can you please help me? A brief synopsis of this problem is that I just went to court in Middlesex county, my estranged wife and I have a 14 year old child in which she was asking for child support and medical support, for him, which I have no problem in doing. She also asked for spousal support. The marriage lasted 14 years and I was subjected to mental, physical, verbal and emotional abuse. These facts were not even address this. I make $1,600 per month and she was awarded $1,224 dollars per month of that $96 was for child support. I was advised that under this new case law, I can not do anything about the figure and was also advised that I could not appeal the judges decision.

Can you please help me? I do not know what to do in this case. It is not possible for me to live with $376 per month. The judge had no type of consideration for me, even though I was the one who placed a motion for divorce.


Asked on 4/27/04, 12:46 am

1 Answer from Attorneys
Bruce Matez Gerstein Grayson, LLP

Re: Case Law

The fact that you were the victim of abuse during the marriage is not relevant to the issue of support. The case you refer to is Crews v. Crews which discusses the parties marital lifestyle. However, since this is a PRE-divorce matter, I don't think it applies to your situation. The Court generally on a pre-divorce application for support will attempt to try to maintain the status quo. It is very difficult to provide any more information to you without obtaining more information from you regarding your situation. I strongly urge you to consult with an attorney immediately. If you believe that the Court was mistaken, you can file an application for reconsideration. Generally, such pre-divorce Orders are not appealable because they are only temporary orders, not final orders, but that is not an absolute. Consult with an attorney.

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Answered on 4/27/04, 11:34 am


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