My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear about your situation.
If you have custody of the children, you are entitled to child support. This calculator can help you figure out how much a judge might order him to pay you. If a substantial portion of his income is commissions, you can ask the judge to estimate support based on prior tax returns showing annual income, including those commissions.http://quickguide.njchildsupport.org/
Typically, in a divorce, the spouse that takes a car also accepts the payments on the vehicle. That's very common, just as the spouse that takes a house typically also gets the payments on the house. Each spouse is entitled to half of any equity in the house, and half of any other marital assets - which could include the equity in the car. Any time that you're asking the judge to order a spouse to give you money each month, what you're really asking for is spousal support
. A judge is far less likely to say "Pay the car payment each month" than to say "Pay $X/month for Y months." It is then up to the spouse receiving support to decide how to use the money.
A judge has a lot of discretion when awarding support. It's typically based on need. If you have 0 income, the judge will consider that. The main problem that you'll face is that spousal support is typically limited to long term marriages
- at least 10 years. Where your marriage has been shorter than that, you have to be prepared to argue as to why he should be ordered to pay, anyway. If you were living together before the marriage, that might be an argument that could help. The rule of thumb tends to be that support is for approximately half the length of the marriage.
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