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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33147
Experience:  Began practicing Family Law in 1992
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My husband recently abandoned me with 2 kids. He collected

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My husband recently abandoned me with 2 kids. He collected income tax return totaling over $7,000 and refused to provide for me and our two children. We had an altercation because he didn't want to buy formula for our 10 month old son. He tried to strangle me and threatened me physically. I was able to escape and have been staying with family members in NY with the kids for 2 weeks. I would like to return home, but do not want to live with him. A neighbor informed me that he has not returned to the home since then and he has not contacted me either...it's obvious it's over. However, he left me with a considerable amount of debt and unpaid bills. Including a mortgage that he paid 60% of because I only work part time. Meanwhile he has over $4,500 in his bank account. Without filing for divorce, what are my options right now to recover some money for the kids and the household expenses?. Is there anyway a judge can make him relinquish some of that money for our family?
In New Jersey there is an outdated form of legal separation called "divorce from bed and board" which would allow a judge to order him to pay the money.

There is also a Complaint for Separate Maintenance which can provide child support, but probably not award a portion of the tax return.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

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Customer: replied 6 years ago.
will it make a difference if I file a restraining order to keep him out of the home? also, i heard that you can claim abandonement if a spouse walks out on you. how does that work? he was working 2 jobs and i heard from a mutual friend that he intentionally resigned from 1 job because he figured i would go after him for child support and he didn't want to pay a large amount. what are my rights legally?
If you're going through with a restraining order and the rest of the stuff we discussed you may as well file for a divorce because he probably will and then everything you do will have to be transferred into the divorce, expensive and messy, or refiled, more costs.

Abandonment is just one of the things the judge considers in granting a division of the assets. It doesn't make as big a difference as it used to.

If he quit a job to avoid child support then the judge can still calculate that in and make him pay based on what he used to make.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Customer: replied 6 years ago.
OK. Is there absolutely no way for me to recover some of the income tax money he received? even for the kids? I can't afford a divorce attorney and the fees associated with divorce...I am working with a part time income and have two young children (ages 3 and 10 months), Not to mention a mortgage and enormous debt that he left behind. What are my options?
No, not without filing some type of suit. If you can't afford to file you can go to Legal Aid and they will assign you a lawyer. You may also want to contact the State Bar and ask them if they maintain a list of lawyers doing family law cases pro bono.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
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