Legal Question in Family Law in New Jersey
Child Support
My finance and I are wanting to get married. He has a child from a prior marriage and has been paying his monthly child support, his child's school tuition, his child's medical and dental insurance and bills not covered by insurance and he has a life insurance policy with his child named as beneficiary. His ex-wife is wanting more money and she is stating that my assets and income to be considered when she files a motion to obtain additional child support. Will my income and assets be included in determining child support?
3 Answers from Attorneys
Re: Child Support
If your future husband is earning comparable income to what he was earning during his prior marriage,and as long as he hasn't diverted assets or income to you, there is no basis for your income to even be discoverable, let alone considered, for purposes of child support. However, for the purposes of his ability to pay college tuition, they may have a right to look at your financial circumstances to see how they may impact upon your husband's ability to pay.
Re: Child Support
The former wife is trying to cause alarm. If she has an income she would ordinarily be required to contribute to paying tuition. The father seems to be going beyond the call of duty because she is not being required to share the cost of medical coverage.
You have not indicated whether the child is in college and living away from home or attending some precollege institution and living at home.
So long as the child lives at home there is child support but when the child lives on campus and receive room and meals child support is usually not required. Of course, it takes a court order to suspend child support because a child lives on campus.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Child Support
Just to build upon what the other attorneys have stated, I suggest you still get an attorney because the law tends to get thrown out when you don't have an attorney. Also, the Judge and the Judge's staff don't always know what they are doing. I can tell you some horror stories. I also see a lot of clients that have crazy child support obligations that are not within the bounds of the law but since they went without an attorney, they were powerless to do anything about it.
Jef Henninger, Esq.
Statewide Family Law Practice
732/247/3340