Legal Question in Family Law in New Jersey

My husband has decided to get a divorce and has clearly told me that he is going to only pay the minimum amount of child support required by law once he leaves the house. This will not leave me enough money to pay the mortgage and daycare.

If the we sell the house, we will lose about 30k, which I cannot pay off. Will he be required to pay more until the divorce is final? Would it be better for me to just stop paying the mortgage and secure everything that I will need for new living arrangements before my credit is destroyed?


Asked on 2/19/11, 3:35 am

2 Answers from Attorneys

Philip Burnham, Esquire Burnham Law Group, LLC.

I would recommend meeting with and hiring an attorney immediately to protect your interests.

A court in New Jersey has the power to issue what is called Pendente Lite relief or support to help you maintain the home. The power of a New Jersey court to provide interim relief in the form of support in matrimonial actions, arises from statutory authority, N.J.S.A. 2A:34-23. This power to provide pendente lite relief is well established in practice and precedent. Crowe v. De Gioia, 90 N.J. 126, (1982), Schiff v. Schiff, 116N.J.Super. 546 (App.Div.1971), certif. Den. 60 N.J. 139 (1972), Mallamo v. Mallamo, 280 N.J.Super. 8, 12 (App.Div.1995).The general purpose of pendente lite support is to maintain the parties in the same or similar situation they were in prior to the inception of the litigation; "to preserve the status quo through the device of awarding temporary financial support pending a full investigation of the case." Id. at 11-1.

I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.

Disclaimer:

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Answered on 2/19/11, 7:57 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

As the other attorney said, you need to meet with one to discuss all of these issues. Don't worry about what he says. Worry about what the other tells you.

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Answered on 2/19/11, 12:37 pm


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