Legal Question in Family Law in New Jersey
Monetary Settlements
In my divorce settlement, I have primary custody (10/12 months) of our child. But my spouse does not pay child support. In addition, I have to pay my spouse's car payment, equal to $400/month. If my spouse is unemployed by choice, is there any way that I can ask for child support? Furthermore, what are the rammifications if I choose to stop paying for his vehicle?
2 Answers from Attorneys
Re: Monetary Settlements
You have indicated in your question that you are paying these items pursuant to your "divorce settlement" which I take to mean a Property Settlement Agreement entered into and made a part of your Final Judgment of Divorce. My first question is why you agreed to this if you did not believe it to be fair? If your ex was unemployed at the time you agreed to this and continues to be unemployed, there has been no substantial change of circumstance and accordingly, no basis for a change in your agreement.
Keep in mind that this advice is based purely on the little bit ofinformation 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. I would be happy to discuss this matter with you if you would call me. Mention Law Guru and your first one hour consultation is free. Good luck! Rob Gleaner
Re: Monetary Settlements
If you ordered to pay for the car and you stop, you will be in violation of the court order. If she is unemployed, you can ask for him income to be inputed. You may want an attorney for that as it is not always easy to do.
My initial consultations are always free, so call me at 732/247/3340 to discuss your case.