Legal Question in Family Law in New Jersey

Proof of support

I have 2 children 13 & 12. I have been divorced from their father for several years and he has primary custody & has since re-married. I am currently engaged, living with, and pregnant with my fiancees child. I maintain medical and life insurance for both myself and my children as instructed by my divorce agreement and my paycheck is garnished weekly for my child support. My problem is that I cannot see how the support is being used for my children and they are very unhappy living with my ex and his wife however are very afraid to discuss it in fear of reprocussions from him. My children have confided in me that they are not treated well by his spouse and are afraid to tell him becuase it just gets worse when he is away and they are with her. I have no proof other than my childrens word and truthfully am afraid of my ex myself as him and his wife are very malicious and I dont want things taken out on my children. Am I better off doing what I can to help my children to cope or should I take him back to court for custody? Also do I have the right to petition for proof of how support is being used? In addition if i choose to sue for custody can he use the fact that I am not married against me?


Asked on 7/17/07, 5:58 pm

1 Answer from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Proof of support

I cannot tell you what you should do. Only you can answer that question. I can only give you all of your options. My suggest would be to move for custody. With regard to child support, it may be difficult to prove he is not using it on the children but you could always give it a shot.

My initial consultations are always free, so call me at 732/247/3340 to discuss your case.

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Answered on 7/17/07, 9:17 pm


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