QUESTION

Can my ex husband get alimony?

Asked on May 28th, 2014 on Divorce - New Jersey
More details to this question:
My divorce was finalized in august 2013 after 5 years of marriage and we stopped living together on september 28th 2012. He has been living with his now fiance since October 2012 and works at TD Bank making approximately 15/hr. (this is what he is capable of and has always been). I work at a power plant making 33.65/hr but I always have made that much. We have two children that I have sole custody of (no visitation). He did not work during the marriage but only because he refused to. In our divirce i waved child support for 2 years and if I filed he has the right to file for alimony. I want child support, what are the odds he will get alimony? I pay full time daycare for two children on my own along with all my other monthly expenses, which cause me to live paycheck to paycheck and have bare minimum left for activities for the children. I cant afford alimony and want to know the odd that I will have to pay.
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
You really can't waive child support and you actually did not but you might have signed something that indicated if you applied to the court for an increase or for child support he had the right to apply for alimony.  Based on the length of your marriage and the salaries, he may not be entitled to alimony.  Even if he is, it would be for a very limited time.  The potential child support would outweigh the risk of alimony. 
Answered on May 28th, 2014 at 12:37 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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