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Attorney & Mediator
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Category: Family Law
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My daughter is 18 weeks pregnant and the father of the baby ...

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My daughter is 18 weeks pregnant and the father of the baby just moved out of the apartment and told her he will not pay for his share of the apartment or any bills that she gets or makes. What rights does she have for any support for her and the baby.
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
If she is married to the father, the father can be responsible for spousal support and child support. Your daughter would have to file a petition for divorce or legal separation to request spousal support and/or alimony. No divorce or legal separation needs to be filed to get a court order for child support.

Now, if she is unmarried, the father is not considered to be the legal father until paternity has been established. Once paternity is established, then she can get child support for the baby. If she is not married, she is not entitled to any spousal support as New Jersey does not recognize common law marriages.

She can sue him for his share of the rent if there was an agreement that he would be responsible for half. His failure to pay half is considered a breach of contract and she can sue him for his share. She can do this in small claims court.

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