Legal Question in Family Law in New Jersey

unallocated

defendant shall pay to the plaintiff as unallocated support the sum of x amount not withstanding the forgoing. Spouse remarries, the defendant shall pay to the plaintiff as and for child support, the sum of yada,yada,yada per week per child in lieu of unallocated support aforesaid. For so long as the plaintiff is receiving unallocated support the plainif may take the children as dependants for tax purpose.

INTERPRETATION?


Asked on 6/16/03, 8:55 pm

1 Answer from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: unallocated support

It's always risky to give an interpretation of a part of an Order without first looking at the entire Order and second looking at all of the circumstances that went into making up the Order. However, it appears that this paragraph requires the payment of a certain amount of support to the Plaintiff by the Defendant, unallocated between alimony and child support. However, if the Plaintiff remarries then the other amount would be paid by Defendant as child support. It would not be "unallocated" at that time. And in the case where the payments are unallocated (the first scenario), Plaintiff has the right to claim the children on the tax return as an exemption. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. Good luck! Rob Gleaner

Read more
Answered on 6/17/03, 6:48 am


Related Questions & Answers

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