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Does He Have Any Legal Responsibilities

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M

mscatzie

Guest
My husband left the house 7 months ago. We have been married for 26 years. He has no apartment or bills. Lives with his new woman. We have 2 teenages, 13 & 16.
I pay all the bills, Mortgage, taxes, his life insurance, the vehicle he drives and insurance, Credit card, etc.

He gives me only enough money to cover child support, the vehicle payment and his insurance. He does not help me with any of the other bills.

I need to know if he is responsible for helping me pay any of these bills. He refuses to help me with any of the bills or childrens extra needs. He says he can't afford it.

I cannot afford a lawyer. I have gone to 2 lawyers for free advice and they tell me he is only responsible for child support.

Is this correct?
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

As long as you are still legally married, and he is paying on his life insurance, the child support and his car, then that is all. he does not need to pay on the mortgage unless his name is on it. Conversely, even if his name is on it, and you are the one paying, if you are on the title too, then you get a greater percentage of the house --> perhaps get him to "give" or quit claim the house to you.

All other bills, if his name is on it, he is legally obligated to pay.

May I suggest you contact your state bar association and ask for your local legal aid office or publicly funded family law organization.
 
M

mscatzie

Guest
Thank you for your help. One more question

He is not paying his life insurance policy. Yes, we are still married and we are joint owners of the house. He is paying for the truck he is driving and the insurance on it and child support.

Isn't he responsible for the Credit Card which is mostly for the children or fixing the vehicles while he lived here. Doesn't he have to help me with money to try and keep the house as long as my children are under 18.
 
L

lawrat

Guest
Remember my disclaimer.

New Jersey Permanent Statutes
TITLE 2A ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE
2A:34-23.1 Equitable distribution criteria.


4.In making an equitable distribution of property, the court shall consider, but not be limited to, the following factors:

a.The duration of the marriage;

b.The age and physical and emotional health of the parties;

c.The income or property brought to the marriage by each party;

d.The standard of living established during the marriage;

e.Any written agreement made by the parties before or during the marriage concerning an arrangement of property distribution;

f.The economic circumstances of each party at the time the division of property becomes effective;

g.The income and earning capacity of each party, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children, and the time and expense necessary to acquire sufficient education or training to enable the party to become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage;

h.The contribution by each party to the education, training or earning power of the other;

i.The contribution of each party to the acquisition, dissipation, preservation, depreciation or appreciation in the amount or value of the marital property, as well as the contribution of a party as a homemaker;

j.The tax consequences of the proposed distribution to each party;

k.The present value of the property;

l.The need of a parent who has physical custody of a child to own or occupy the marital residence and to use or own the household effects;

m.The debts and liabilities of the parties;

n.The need for creation, now or in the future, of a trust fund to secure reasonably foreseeable medical or educational costs for a spouse or children;

o.The extent to which a party deferred achieving their career goals; and

p.Any other factors which the court may deem relevant.

In every case, the court shall make specific findings of fact on the evidence relevant to all issues pertaining to asset eligibility or ineligibility, asset valuation, and equitable distribution, including specifically, but not limited to, the factors set forth in this section.

It shall be a rebuttable presumption that each party made a substantial financial or nonfinancial contribution to the acquisition of income and property while the party was married.

L.1988,c.153,s.4; amended 1997, c.407.

2A:34-23.2 Findings, declarations relative to violation of visitation orders.


1.The Legislature finds and declares that:

a.There has been an increase in the filings of dissolutions of marriages in the recent years; and

b.The best interests of the children of these marriages in maintaining close relationships with both parents regardless of which parent has the physical custody of the child is paramount; and

c.Proceeding criminally in cases where the terms of an order of visitation with a child has failed to be honored may be both difficult and inappropriate; and

d.Bolstering the statutory civil remedies available to a judge hearing these types of matters may provide an indication of legislative intent to promote the enforcement of these matters.

L.1997,c.300,s.1.

2A:34-23.3 Available remedies.

2.A judge who sanctions a party for failure to comply with an order of visitation shall have these remedies available:

a.The awarding of counsel fees of the aggrieved party against the party who violated the terms of the order;

b.Community service;

c.The awarding of compensatory time for the time with the child for which the party was deprived;

d.The awarding of monetary compensation for additional costs incurred when a parent fails to appear for scheduled visitation; and

e.Other economic sanctions which may be decided on a case-by-case basis.

L.1997,c.300,s.2.

For the rest of the information, please go to state statutes under freeadvice.com homepage. look under new jersey and search for all of title 2A and read!
 

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