Legal Question in Family Law in New Jersey

Re: Property value determination

These are two separate issues: The date of the valuation of the house is not dependent on or determined by whether or not he paid child support or contributed toward the mortgage. I agree that the date of valuation is the current date. On the other hand, you may be entitled to setoffs for what you paid down on the mortgage.

Why you were not receiving child support is another issue. Wasn't an application made? Is there a support order in effect that he violated? These questions must be answered and resolved as well.

Keep in mind that this advice is given based on the little bit of information that you have

provided in your question. My advice may change based on other information. Further, no one

can rely on advice from an attorney who has not been retained. You cannot rely on this advice

because we have not personally met and you have not retained me as an attorney. If you have not

already done so, you should immediately meet with an attorney for a full consultation before you

take any further steps. You may feel free to call me to discuss this matter in more detail. If you

do so, mention Law Guru and your first one hour of time will be free. Good luck! Rob Gleaner

Re: Property value determination

I have read what Attorney Rob Gleaner wrote, and as usual he is right on target.

I have other questions as well. You have NOT said whether anyone ever filed for divorce, nor why you did nothing when he paid no child support. There is a lot involved here. You absolutely need a lawyer, immediately. If you hire an attorney, the attorney can try to get your attorney's fees paid by your husband; you may recover all (very rare), some or possibly none. But you really need to hire an attorney, despite the cost.

Now, dont take this wrong, but let me summarize:

you are going to start a divorce. You have to deal with it very soon.

you may have a job. he has a job.

you have kids. custody could be an issue.

child support and college tuition needs to be paid. measured in tens of thousand of dollars.

you have a house, and maybe some money saved. you might have a pension plan.

and you want to do this without an attorney's advice.

Nothing that an attorney can say over this bulletin board can come close to helping you solve your problems. Careless actions by you will likely cost you thousands of dollars, make your life more difficult, and possibly cause additional harm to the kids.

Hire an attorney. Go see an experienced divorce attorney located reasonably near you, and pay the attorney to review your situation carefully with you, and give you some guidance.

Go hire a lawyer, and figure out what you want to do.

If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.

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.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Re: Property value determination

You are entitled to some form of credit for paying joint bills after he left, but a marital asset is usually otherwise shared on a 50/50 basis and the value that is share is the value of the marital asset at the time of distribution. The question is how is your credit to be calculated. The credit would reduce your husband's entitlement to half.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com