Legal Question in Family Law in New Jersey
if my husband is not making anough money
My husban is a business owner, i'm applying for spousal support, he said that he is not going to give me anything because he have proof that hes business is not giving him money at this time, we were living together for 8 years we have two kid and i have custody of them. i want to getb child support and spousal support. what can i do if is true that he is not making any money in the business, what the judge will recoment him to do, or for me to do. what can i do?.
4 Answers from Attorneys
Re: if my husband is not making anough money
As other attorneys have answered, his ability to pay is the key. If there is a history of the business being profitable, and your life style has been maintained solely from this business, the court will award you support based on those factors, not just his claims. You need legal representation and a forensic accountant will be needed to properly evaluate the business. Please contact me if you need a consultation. My number is in the telephone book.
Re: if my husband is not making anough money
You have to fight him. He runs his own business and claims that he is not making any money. I suggest that you should not believe him, until you have carefully and thoroughly investigated. He has a duty to suport his children, and likely has a duty to pay alimony too.
Get a lawyer who will fight for you.
Please call me if you would like me to assist you. I am in Hackensack, right across from the Bergen County Courthouse.
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. This website, LawGuru, will NOT let me list my phone number in this response.
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Re: if my husband is not making anough money
Spousal support (or alimony) is based on a number of factors, including "ability to pay". So if he were truly able to establish that he cannot afford to pay you spousal support after paying all of the costs of running his business and then leaving himself enough to live on, then you may not receive spousal support. That is a separate issue from the amount of child support you would receive. Further, if his business was always supporting the family and suddenly it is not, he would have alot of explaining to do as to why it is now not making money. This is a complicated area of the law and you need an attorney.
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 facts that would change my opinion. And, no one can rely on the opinion of an attorney who has not been retained. Before you do anything, you should consult with a Family Law attorney. Good luck! Rob Gleaner
Re: if my husband is not making anough money
You need an attorney ASAP. There is NO reason not to have one. We just got a cient 4000 a month in support last week and she had the same concerns. That is why you need an attorney. Call me anytime at 732/247/3340.