Legal Question in Family Law in New Jersey
Threatened With Child Custody Suit
I have a 5 yr old son with my ex girlfriend. I ended the relationship due to her financial irresponsibility nearly drowning me too. She is a good mother for the most part, and we have always been able to work things out in regards to our son. He tends to stay with me & my family more, as I own my own home, and my parents babysit him when we both work. I recenlty got engaged to my current girl, who is a nurse. My ex immediately commented that she was going to get paid, as combined income we make $110K to her $25K. I am a cop, making $55K with a mortgage and bills. She makes $25K lives at he grandma's for free, and only has her son 2-3 days a week. She is now threatening to seek custody because it will allow her to get more support from me. I have given her about $2000 anually out of the goodness of my heart in hopes she will get her financial act together, and have no problem continuing to pay her some money in order to keep primary custody of my son. What are the chances I am going to end up being a weekend Dad with a $600 a month support payment. Would I do better to bend some more to avoid a court confrontation? Please Help!
1 Answer from Attorneys
Re: Threatened With Child Custody Suit
I'll assume that there has been no prior involvement by either of you with the Court for custody, support, etc. While settlement is generally to be preferred to litigation, if she is bent upon getting you to pay child support then you might consider making an application in Court to be declared the custodial parent and to in effect judicially recognize the existing parenting arrangement. You could also seek child support from her regardless of what her income is. You should consult with a family law attorney before doing anything.
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