Asked in Divorce, Child Custody and Child Support for New Jersey

Q: What happens if I cannot afford a divorce?

I make 65k a year, my wife makes 120k a year. We have 2 kids 1 & 4 in daycare that costs 2k a month. About how much would by monthly obligation be if we divorced? I would prefer 50/50 custody however I can see it being 30/70 in her favor due to my undesirable living arrangements after the divorce.

2 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer
Answered
  • Divorce Lawyer
  • Brooklyn, NY
  • Licensed in New Jersey

A: You cannot afford not to retain an experienced matrimonial attorney. You are making too many assumptions that are not "real". You need to have an in person consultation right away to enable you to know what reality is and what to expect.

Teresa L. Reichek
Teresa L. Reichek
Answered
  • Divorce Lawyer
  • Mount Laurel, NJ
  • Licensed in New Jersey

A: You should consult with a qualified family law attorney sooner rather than later. There are too many factors involved to be able to adequately respond to your questions because each case is unique.

Daycare costs are generally split in proportion to your respective incomes. This is on top of any child support the non primary parent may owe. Your child support payments are based on several things including income of both parties, number and ages of the children, if either party has additional children outside of the relationship, and how many overnights the children spend with each parent.

If your living arrangements are acceptable for overnights for 70/30 then they are also acceptable for 50/50. Distance from the other parent and many other things can effect parenting time because the overall standard is the best interests of the children.

In addition, because of the large disparity in incomes, you may be entitled to alimony from your wife. This also depends on multiple factors including length of the marriage, earning potential, and others.

This is why you should seek out an attorney who can answer your questions specifically tailored to your situation, Many firms, including mine, offer free consultations so that you can be informed of your rights and options as you commence the divorce process.

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