Legal Question in Family Law in New Jersey
family supprt
If the huband has comitted adultery and there are two children ages 12 and 16, does the husband have to continue to support the wife and children in the marital home? If so, for how long?
5 Answers from Attorneys
Re: family supprt
The husband's infidelity does not excuse his obligation to support his wife and children. That child support obligation is dependent on a variety of factors such as whether the children are emancipated (yours are probably not), while alimony will examine the length of the marriage (yours is long enough to qualify for permanent alimony depending on other facts) and whether it is in the home is dependent on a variety of facts such as whether the children need to finish school. The amounts for support will depend on earnings (his and the wife's) and the economic needs of the family and of him.
A lawyer will explain how these factors blend together with your individual facts for you and your children. Consult with one as soon as possible.
Re: family supprt
Yes. If you file for divorce he must maintain the status quo until the divorce is granted.
Child support continues through graduation from high school and then there is the obligation to pay college expenses to limit of financial ability, for four years.
Alimony is based on disparity of incomes between spouses and the need one has for support from the other to maintain the life style of the marriage and the ability of the supporting spouse to provide that support. Alimony is usually permanent for dependent spouses married more than 10 years.
I should note that you do not have to file a divorce complaint to receive alimony and child support payment. You can file a complaint for
child and spousal support with the Family Part
of the Superior Court of New Jersey for same.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: family supprt
I agree with all the other answers. As all the other attorneys have stated, you have to file some sort of court action to legally require hime to pay child support and alimony or spousal support.
You should also be aware, you cannot obtain retroactive support. Meaning the date he is going to start to have to pay you is the date you file in court. His adultery has no bearing on the amount of support.
Please call my office if you would like to schedule an appointment. My contact information can be obtained from the links below. Let my secretary know you found me through LawGuru, and I will give you a free initial consultation.
Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
Re: family supprt
If this is your situation, then you need to talk to a lawyer. Today. Now.
and that applies to both the wife in this situation and the husband. just because he found another woman, he does not stop having to care for and pay for the children. the other attorneys have stated what his obligations are, and they are correct. there is a lot more involved, and a lot of difficult choices to make.
go see an attorney immediately. find someone who is reasonably near you, who spends a lot of their time handling divorces.
If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
Re: family supprt
Yes, and as the other attorneys have said, he will have to support them through college. You should get an attorney for this. My initial consultations are always free, so call me at 732/247/3340 and we can discuss your case.
Good luck!
Jef Henniger, Esq.
www.jackventurilaw.com