Legal Question in Family Law in New Jersey

am i eligible for child support

i've been divorced for about 8 yrs. my ex-wife and i had joint custody, we have 2 boys, they have been living with her, i was paying her $1000.00 per month for support, she recently signed the boys over to me, she met someone, got engaged, and is now moving away to florida, away from her children, i am not paying her support any longer, however i feel she should be paying me for them, she says when she moves and gets a job, she'll send up what she can. my question.. does she have obligations to these boys ? should she have to pay ? what kind of visitation will she be able to get ? i feel something should be in writing as to how much if any she should pay. she says any court would laugh at me seeking support because she wants to move, go to school for computers, then get a job, meanwhile she's not supporting her kids, should she have to pay ? and about how much ? i feel if she's not supporting her boys, and leaving them as it is, only 11 & 13 year olds, why should she have visitation ???. thank you


Asked on 3/31/02, 6:02 pm

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: Child support obligation

She should absolutely be required to pay child support, which would be calculated in accordance with the NJ Child Support Guidelines. If she earns no money now, the Court would impute a reasonable amount to her. As to visitation, this is independent of the support obligation and the Court would attempt to fashion a fair visitation schedule, in light of her geographic distance from the children, such as giving her more time in the summer, etc. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. Mention Law Guru and your first consultation is free. Good luck! Rob Gleaner

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Answered on 4/01/02, 7:11 am


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