Dear Howell, NJ,
The written agreement between you and your spouse will carry some weight in the context of a divorce. In other words, it may be quite persuasive in a court of law but it may not carry the day. In as much as NJ does not recognize legal separation, it is not something that you can totally rely upon. Consult with a family law attorney.
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Ask ten lawyers, get 10 different opinions. As a family practitioner in NJ who has consulted, represented, advised or otherwise been involved with over 11,000.00 family law matters, I am more in your corner on this. A deal is a deal and he clearly made a voluntary deal. Now if there is a divorce the lawyers and court will absolutely procure and compare the income at the time of the signing and now. If the math is consistent then and now you have a real case. Your question does not indicate when this deal was made and notarized. The sooner you hire competent counsel the better. You need a court Order to continue the checks at least until the divorce is resolved. Don't let him simply cut you off. (The old adage - you snooze - you lose.) Put money together and hire competent counsel immediately for the divorce. I cannot more strongly advise you not to delay. Act immediately. No matter who you hire, you absolutely need professional representation. Please contact me for a consultation. I will be happy to represent you in this matter. I am located nearby in Manalapan. I remain...
Very truly yours,
Aniello D. Cerreto, Esq.
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