Legal Question in Family Law in New Jersey
Seperation requirements
I have been living away from my wife and family for the past year due to military requirements. My wife has decided that she doesn't want to be married any more and has also filed for bankruptcy with a power of attorney that i gave her when i left. What are my requirements for child support and alimony in this situation? I am not trying to get out of supporting my children but i am also retiring from the military and need to continue my life with or without her. I have tried to reconsile this situation but with no results. Since this was her decision and she ruined our finances will i be required to provide alimony for her.
3 Answers from Attorneys
Re: Seperation requirements
It is highly likely that you will have to pay
child support as it is the duty of every parent
in VA to pay child support for minor children.
Spousal support is a much more complicated question.
That would depend on a number of factors such as the duration
of the marriage, whether your wife is employed or
is capable of earning enough to support herself.
I suggest you consult with an attorney before proceeding.
Re: Seperation requirements
While you will pay child support based upon your income, alimony is another issue. That is based upon many factors including the length of the marriage, your wife's income potential, and your style of living. As to the bankrutpcy, if you are in disagreement with it, you should write to the bankruptcy lawyer or trustee to cancel your power of attorney and withdraw the bankruptcy. Your best bet is to get an attorney to discuss all your issues. If she files for a divorce in NJ you will need a New Jersey lawyer. If you want to file where you are you will need a Virgina lawyer. If I can be of further help, please call for an appointment or email me direct. Good luck.
Re: Seperation requirements
Typing is not what I live for. Your questions require a long answer. Call me so that we may discuss your questions.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
www.garymooreattorneyatlaw.com
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