If child support and alimony, maintenance, or spousal support are being determined simultaneously (for the same family), the court shall determine the amount of alimony, maintenance, or spousal support before applying the child support guidelines, except when the court establishes pendente lite support.
If you have a complicated case, a lawyer may be necessary: If your ex, for instance, does not agree with the amount of child support, the custody arrangement, or the terms of a divorce, then a lawyer would be best suited to convince the judge to rule your way.
You can go on your own or with the help of a lawyer. If you can't afford a lawyer you can contact Legal Services of New Jersey at 1-888-LSNJLAW (1-888-576-5529) or visit the website here. You may be eligible for services. Your request for child support is called a complaint.
Whether you, your ex, or both, have remarried, the new spouse isn't obligated to support your children from a prior marriage or relationship.
Child support is never deductible and isn't considered income. Additionally, if a divorce or separation instrument provides for alimony and child support, and the payer spouse pays less than the total required, the payments apply to child support first. Only the remaining amount is considered alimony.
A: Alimony can be suspended or terminated in the event that the recipient is cohabitating with someone in a relationship akin to marriage. These are complex cases that require a careful approach. Your brother should have a consultation with a qualified matrimonial attorney immediately.
In New Jersey, alimony terminates upon the death or remarriage of the supported spouse. However, if the paying spouse remarries, the alimony payments will continue. If the person paying alimony dies, they usually have life insurance to secure their spousal support to the recipient.
In most cases, alimony is temporary. But, if your marriage has lasted for more than 20 years, you may be eligible to receive permanent alimony. If your marriage has lasted for less than twenty years, New Jersey law limits the amount of time that you can receive alimony to the amount of time that you were marred.