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Positional Advantages That Exist In A Divorce

Positional Advantages That Exist In A Divorce 9In this article, you can discover:

  • Whether the lower-earning parent is at a disadvantage in Child Support rulings
  • Whether the first spouse to file for divorce has any advantage over the other

Will The Court Order Me To Pay Child Support When I Earn Less Than My Spouse?

Child support in New Jersey is based on several factors and weekly earrings is only one of the factors considered by the Court. In addition to salary, the amount of time (overnights) that you have your children, whether or not you make mandatory retirement contributions to a retirement plan, if you are paying the family’s health insurance expense all play a part in what you or your spouse’s child support obligation will be. So, just because you earn less than your spouse, your lower salary could be the result of having several eligible deductions the Court will take into consideration when making a child support award in your case.

Understand this, upon the filing of your divorce Complaint, the court will not automatically order child support or alimony payments. If, however, the primary caretaker believes that funds are needed to maintain the family’s lifestyle and financial well-being of the children, a skilled family lawyer will file what is called a Pendente Lite Motion for support. This type of Motion will allow the primary caretaker to maintain the family without suffering tremendous financial hardship.

Are There Any Benefits Of Filing For A Divorce Before Your Spouse In New Jersey?

The actual timing of your filing does not really give you an “advantage” in the divorce proceeding in New Jersey. Both parties are free to file a counterclaim for divorce and have a what is known as a Dual Final Judgment of Divorce entered by the Court meaning that you and your spouse both proved a Cause of Action in Divorce.

With that said, there are other advantages to filing first and below are just a few you might want to consider.

  • You will have all of your documents and paperwork ready in advance.
  • You will have the ability to meet with attorney’s without the worry of having the attorney you want “Conflicted Out” because your spouse met with them first.
  • You will be able to keep your spouse from hiding assets since you will know in advance the extent of your families’ assets.
  • If you and your spouse are already living separate and apart, and are residing in different counties, you can choose the more convenient location for your divorce to be held which can save a lot of headaches if you are working and have the children in your care.

While there are numerous other advantages, it is easy to see why filing first can give you the upper hand you might not have had during your marriage. Therefore, filing first will not give you any “advantage” with the Court, it will surely give you a personal advantage by being prepared, confident and ready for anything your spouse might try to use against you.

With the guidance of a skilled attorney for Family Law Cases, you can have the peace of mind that comes with knowing that we’ll make it look easy. For more information on Family Law in New Jersey, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (732) 365-3299 today.

Eric Hannum, Esq.

Get Your Questions Answered - Call Me
For Your Free, 20 Minute Phone
Consultation: (732) 365-3299

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