QUESTION

Going through a divorce and he served me paperwork saying he will pay $300 per month for 3 children. I should wait to go to probation before signing

Asked on Oct 13th, 2020 on Child Support - New Jersey
More details to this question:
We agree in August that he would pay $300 per month and other expenses for the children and not in the divorce paperwork he didnโ€™t list any of this should I wait to sign paperwork we have a pending child support case
Report Abuse

2 ANSWERS

Divorce Attorney serving Short Hills, NJ at Diamond & Diamond, P.A.
Update Your Profile
If you and he agreed that he would pay for specific expenses for the children, then everything agreed upon needs to be in a writing submitted to the court so that it is clear what he is to pay for. If its not in a writing as part of the submission to the court, he can later claim that he never agreed to pay for those expenses and a judge will be hardpressed to impose an obligation that you say he agreed to and he says he never agreed to do so.  Separately, you and he NEED to run the child support guidelines as part of the divorce process so that the court and both of you know exactly what he was obligated to pay under the guidelines. You and he have the right to deviate from those guidelines, but for court purposes, it is required to be submitted and referenced to the court. The guidelines identify your income from all sources, his income from all sources, who is paying for the childrens share of  health insurance coverage ( and the actual amount for their share of the coverage) and the number of overnights the kids will be with him over the course of the year( i.e - if he has them every other weekend from friday to sunday, then he has 2 overnights in a 14 day cycle or 52 overnights for the year).  
Answered on Oct 14th, 2020 at 9:55 AM

Report Abuse
Family and Matrimonial Law Attorney serving Parsippany, NJ
4 Awards
Thank you for your question. I am so sorry that you are going through such a rough time!  I am a bit confused by your question, but it sounds like you filed an action for child support and now your husband has served you with a Complaint for Divorce and perhaps a proposed settlement agreement for you to sign including his offer for child support.  Child support is typically based upon various factors, including the incomes of each party, any cost for work-related child care, the cost to provide health insurance for the children and the amount of parenting time that they payor spouse has with the children.  While I am not aware of any of the financial or other details involved in your matter, I would urge you to consult with an attorney who can assist you in determining whether what your husband is proposing is fair and reasonable under the specific facts of your case.
Answered on Oct 14th, 2020 at 9:47 AM

The information we provide is not, nor is it intended to be, legal advice. These answers are designed for general information only. You should consult an attorney for advice regarding your specific situation. Our website, www.WLG.com, will provide you with a wealth of valuable information in addition to the best way to contact us.

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters