Legal Question in Family Law in New Jersey

I'm in the middle of a divorce and my ex-wife added a clause to the psa agreement that my attorney felt I shouldn't sign. I would like a second opinion on this matter. It read:

"In the event the children should bring forth a claim for child support or contribution toward

educational expenses, then Wife shall have the right to assert and open a claim for alimony and

support as against the husband." (NEW PART): If the children do not file for child support or

contribution toward educational expenses upon their emancipation, then wife shall waive claim to

alimony and support as against the husband."

I'm looking for a second opinion. He said he's never seen anything like this.


Asked on 8/03/12, 3:44 pm

1 Answer from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

You can agree to anything, but it sounds odd. Seems like Wife wants to protect herself so that you pay 100% of child support in a way. If children go after both of you for child support but you pay for alimony, your money will go right out for child support. I think there are other ways to handle this. Might want to hire an attorney to consult with.

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Answered on 8/06/12, 11:27 am


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