QUESTION
Is it possible to obtain child support from a husband that has a restraining order against him?
Asked on Aug 19th, 2016 on Family Law - New Jersey
More details to this question:
My husband has been verbally abusive which has escalated to physical abuse. I have three small children under the age of 8 to support. My husband cleaned out all of our bank accounts and opened a new one in his name only. He has dropped my phone from his account and refuses to give me any money for the children. My refrigerator is always empty and I have been relying on my mom for support. She is on a fixed income and I hate having her able me out all of the time. I am a teacher and I tutor children at night. That is my only income. Is there a way to force my husband to pay child support now? Since he cleared out our joint accounts, I cannot afford an attorney. I would appreciate any advice that will help me and my children.
1 ANSWER
Family and Matrimonial Law Attorney serving Parsippany, NJ
Partner at
Weinberger Divorce & Family Law Group, LLC
4 Awards
Parents have an obligation to support their children. You may file an application for spousal and child support even without filing for divorce. If your application is granted, you would begin receiving spousal and child support effective the day you filed the application. The support can be garnished from your husband's paychecks and paid to you through the Court so that you do not have to have any interaction with your husband. If support is being paid through the Court, the Court will also keep track of the payments and enforce the obligation on your behalf.
With regard to your husband withdrawing all of the money from your bank accounts, that may be a basis to file an emergent application with the court. You can explore this more in consultation with an attorney. Also, you have an interest in marital assets. Even though your husband withdrew all of the money from your accounts, you may pursue and ultimately be able to recoup your interest in the accounts.
I understand you do not have the funds to retain an attorney. Fortunately, the attorneys at Weinberger Law Group offer a free initial consultation. The attorneys at Weinberger Law Group are experienced in representing clients through child support, spousal support, custody and parenting time, and divorce matters, among others. We are happy to discuss your unique circumstances with you and explore your options with regard to your application for support, divorce and retaining an attorney from Weinberger Law Group to represent you. Call (844) 828-2134 today to schedule your free initial consultation.
You may also find the following links to be helpful:
http://www.weinbergerlawgroup.com/children-parenting/child-support/
http://www.njchildsupport.org/
http://www.weinbergerlawgroup.com/divorce-legal-separation/alimony-spousal-support/
Answered on Aug 22nd, 2016 at 12:16 PM
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.