Legal Question in Family Law in New Jersey
When to file
When can I file for child support as I have been sepearted from my spouse for 4 months now and he has lost his job? Is it true if I file now i would not get anything since he is not working or is it better to wait till he gets a job?
3 Answers from Attorneys
Re: When to file
You need to talk to a divorce attorney.
To answer your question, it is probably smart to file for pendente lite support (which is not the same as child support), and do it quickly. File for divorce, and file a motion for support. That is PROBABLY the right thing for you to do.
Let me summarize what SEEMS to be your situation:
From what you have said, it seems very likely that you are going to have to start a divorce. You need to solve some problems in your life and your children's lives, and a divorce is pretty much needed; that is what I understand that you are saying.
Employment, income to pay the family's expenses, is an issue.
You have kids: custody and vistation, and child support are issues.
Child support and college tuition needs to be paid. Measured in tens of thousand of dollars.
You probably have a house and some money saved. You probably have a pension plan; maybe your spouse has a pension plan.
You need to see a decent, experienced divorce attorney located reasonably near you, and have the attorney to review your situation carefully with you, and give you some guidance. A good attorney could save you thousands of dollars and a great deal of heartache, make your life more manageable, and reduce the harm to the kids. When choosing an attorney, make sure it is someone whose personality works for you, someone you can work with.
If you would like, give me a call; I am in northern New Jersey right across the street from the Bergen County Courthouse in Hackensack. 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: When to file
You should file ASAP. See an attorney to discuss all issues as it is clear that you are not properly informed.
Call me at 732/247/3340 to discuss.
Re: When to file
The child's need for support starts at birth and does not stop when a parent is umemployed. There an obligation to
provide support NOW. Apply for child support now.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com