Legal Question in Family Law in New Jersey

Adultery and Divorce regarding custody,child support and alimony

Hi,

I just found out that my husband of 12 years has been having an affair(at least 1 I know of for sure, but the 2nd I couldn't prove))w/a woman in his office. I have 2 children...ages 2 and 9. I do not work outside the home, I take care of my children. My husband works. My husband moved out. I would like to know exactly how much time he would be entitled to spend with the kids once divorced. I prefer no sleep overs......Is that possible? And not every weekend. Also...are there specific guidelines on how much alimony and child support that I would receive.(I am a Bergen County resident). Do the courts frown on this to make thinks better for me?

Thanks so very much. Hope to receive a reply from you!!!

P.S. Could you suggest a really good and tough lawyer?


Asked on 1/05/04, 11:51 pm

2 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: Adultery and Divorce regarding custody,child support and alimony

The courts want the children to have the benefit of time with both parents to the extent this is feasible and to the extent that the noncustodial parent acts appropriately.

Child support is based upon the statewide guidelines and how much weekly, net income the parents have and then is prorated based upon what percentage of the joint, weekly income each parent earns.

Spousal support is based upon the ability of the dependent spouse to earn income, the usual life style of the dependent spouse and the earning capacity of the supporting spouse and the length of the parties' marriage. Where spousal support is warranted it is usually permanent where the marriage has existed for at least ten years.

Getting even with your spouse by restricting contact with the children can be very expensive to support in court and may embroil the children in situations which may be distressing and harmful to them.

Only initially can contact by the other woman with the children be restricted, if your spouse's relationship with the other woman becomes permanent.

New Jersey is a no fault state and conduct which does not harm the children will not justify restricting the noncustodial parent's visitation wlith the children.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.comb

Read more
Answered on 1/06/04, 6:23 am
Gary Moore Gary Moore Attorney At Law

Re: Adultery and Divorce regarding custody,child support and alimony

The courts want the children to have the benefit of time with both parents to the extent this is feasible and to the extent that the noncustodial parent acts appropriately.

Child support is based upon the statewide guidelines and how much weekly, net income the parents have and then is prorated based upon what percentage of the joint, weekly income each parent earns.

Spousal support is based upon the ability of the dependent spouse to earn income, the usual life style of the dependent spouse and the earning capacity of the supporting spouse and the length of the parties' marriage. Where spousal support is warranted it is usually permanent where the marriage has existed for at least ten years.

Getting even with your spouse by restricting contact with the children can be very expensive to support in court and may embroil the children in situations which may be distressing and harmful to them.

Only initially can contact by the other woman with the children be restricted, if your spouse's relationship with the other woman becomes permanent.

New Jersey is a no fault state and conduct which does not harm the children will not justify restricting the noncustodial parent's visitation wlith the children.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

Read more
Answered on 1/06/04, 6:24 am


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