QUESTION

My husband moved all the joint account money to his personal account. can i take any action against this.

Asked on Mar 03rd, 2016 on Family Law - New Jersey
More details to this question:
I was working all along. I got him green card. I got green card through my employer. I stopped working 2 yrs after i had my son. It was really getting tough to manage. He left me with no money. He spoiled my credit history few years ago, although it is getting better now. What can i do at this point. I am unsure of divorce at this point. I have 12 and 6 yr old boys... They are too yoing to handle emotional stress. What can i do ? Please advice
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1 ANSWER

Family and Matrimonial Law Attorney serving Parsippany, NJ
4 Awards
All parents in NJ are obligated to contribute to the support of their children. In most cases, child support is based upon a formula known as the child support guidelines. In addition to the parents' incomes, the number of overnights, the cost of work-related child care and health care premium payments, the child support guidelines calculation accounts for other credits and deductions.  In addition to child support, you may also consider requesting contribution from your husband for other expenses such as the cost of the children's extra-curricular activities, the unreimbursed cost of braces and others. You may file an application with the court for child support and contribution to other expenses without instituting an action for divorce.  Your application would be filed under the non-dissolution docket.  The link below is to the court's self-help application packet for non-dissolution "FD" matters concerning custody, child or spousal support or parenting time.  If you meet the requirements on the first page of the packet, you can use it to file an application for child support with the court. http://www.judiciary.state.nj.us/prose/11492_fd_initial_appl_kit.pdf You may also be entitled to spousal support from your husband including his payment of certain household expenses (ex. rent, utilities).  Spousal support is not calculated using a formula.  There are a number of statutory factors including the length of the marriage, the age of the parties, the health of the parties, earning capacities of the parties, your history of earnings, as well as your education histories, your degrees and so forth, child care-taking responsibilities. In your case, perhaps another consideration is the fact that he damaged your credit. You may file an application with the court for spousal support and contribution to household expenses without instituting an action for divorce.  You would use the same application packet found at the link above. It may be possible for you and your husband to agree on the amount of his child support and spousal support obligations to you without going to court. I urge you to take advantage of the free consultation offered by Weinberger Law Group.  You may call (888) 888-0919 to set up a free consultation.  The attorney can discuss these options with you in more detail as well as review the divorce laws and procedure with you so you are informed of your rights. While a personal consultation can provide you with advice that fits your unique situation, the following webpages provide information that will answer some basic questions: http://www.weinbergerlawgroup.com/children-parenting/child-support/ http://www.weinbergerlawgroup.com/children-parenting/child-support/calculations-guidelines.aspx http://www.weinbergerlawgroup.com/divorce-legal-separation/alimony-spousal-support/
Answered on Mar 04th, 2016 at 8:07 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.

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