Denville, NJ asked in Divorce for New Jersey

Q: my husband file for divorce , I just got notified . we have one child in common , also he's not paying for child support

can I get more money for child support after we get divorce? we have to court days coming out one for assault , he slapped me three times after I confront him for cheating and having a child with his affair and the another court is for child support

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2 Lawyer Answers

Kristofher Beralo

  • Jersey City, NJ
  • Licensed in New Jersey

A: Assuming you are awarded primary custody of the child, the court will run the child support guideline in order to determine how much you should be receiving for the child.

I'm not really sure why you mentioned the assault incident? I'm assuming you filed a TRO. And you will have a separate hearing for that. The outcome of that hearing can affects child custody (which in turn can affect child support).

Bari Weinberger

  • Parsippany, NJ
  • Licensed in New Jersey

A: Hi and thank you for your question. Sorry you are going through a difficult time. If you have gotten divorce papers served upon you by a sheriff or process server, please know that you only have a certain amount of time to respond to them. I would strongly suggest that you file a counterclaim for divorce with a request for custody of your child as well as for child support to be paid by your husband to you on a regular basis. It's a good idea to ask that the money be paid through the probation department so there is a running record of the payments. You may have other issues you want to include such as division of property or debts.

The amount of child support is based on the New Jersey Child Support Guidelines, which is a computer program that all the courts in New Jersey use to come up with a child support figure. Your incomes and other child related expenses are figured into the program.

If your court case for the assault is in municipal or criminal court, talk with a criminal attorney for more advice. If this is a final restraining order hearing in family court, then a family law attorney can certainly help you.

I strongly urge you to have at least a consultation with a family law attorney to discuss not only child support, but all other issues that may be a part of your upcoming divorce. Many firms, such as ours, offer free consultations. Wishing you the best of luck. Bari

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