Legal Question in Family Law in New Jersey

My ex is terminally ill. There is a court order for him to pay child support as long as the children are full time students. If he dies before they are done with school what happens? One is 19, one is 18. This court order is in NJ and I am in MD


Asked on 9/21/11, 10:16 am

2 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

What you are asking , I think, is whether the obligation to provide college support to the children would survive his death so that the children would have a claim against his estate. I would advise you to review the property settlemtn agreement/Order carefully to see if it deals with the eventuality of his death. I would also suggest to you that you should consult with an attorney to see how you can protect his assets, bank accounts, etc. I would note that pension benefits are controlled by a contract, usually, providing for benefits for the spouse and any 409K

can be have you added as a joint tenant, with the right of survivorship, which should exclude it from his estate.

You need to carefully review your situation with an attorney.

Read more
Answered on 9/21/11, 11:10 am
Robert Davies The Davies Law Firm, P.A.

You need to talk to a lawyer right now. If he dies, you need something to take the place of the money he will not pay. This is an emergency, get on it now.

I can help you with this. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.

Robert Davies, Esq. 201-820-3460

The Davies Law Firm, P.A.

45 Essex Street, Suite 3 West

Hackensack New Jersey 07601

Phone: 201-820-3459

Fax: 201-820-3461

Email: [email protected]

Website: AttorneyRobertDavies.com

Please keep in mind that my response is just a general comment on your question, and not legal advice. I have answered based upon the law of the State of New Jersey where I practice; the laws in other states may be very different, and may result in very different outcomes. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written as legal advice, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. To get legal advice that you can rely on and use, please contact me directly.

Read more
Answered on 9/21/11, 11:38 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New Jersey