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We separated about 7 weeks ago. He has given me no child support. now he wants half of all stuff in the house. can he do that?

Paterson, NJ |

my husband told me he will not give me any child support til we are legally divorced, after promising money for weeks. He said he'll buy what our son needs. He hasnt bought anything.
I get a text last night that he wants to come to the house and start dividing stuff. He has already took things.

Attorney Answers 4


Child support is the right of a child. You will receive child support prior to the divorce. However, in order to receive child support you must petition the court. As far as dividing your belongings, it depends if he wants his personal belongings or to divide marital belongings. You should contact a lawyer to understand divorce process.

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He took all his personal belongings. He wants to split marital belongings. He already took a couch , pots and pans, and other utensils. He wants the entire set of dishes ...i offered to split the set in half,,he said no he wants them all.


You must file a petition in order to receive child support. Please accept my sincerest gratitude for your situation.

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3 lawyers agree


File for child support. Start a divorce case to protect your assets.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or

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Since you have legally separated you now have three options, you can initiate a divorce action or file a petition for support under the FD non dissolution docket, or you can make a deal between the two of you. I understand that he has been promising some amount for support, but has not come through on that promise. I would say your best bet is to file for divorce if that is what your final intention is or at least file for support under the non dissolution docket, which will in the interim get you court ordered support, but you would not have initiated a divorce proceeding.

As for the personal property in the former marital residence, the more you can agree on now and divide, the less complicated it will be later when tensions and emotions are flaring because of a divorce action. However, besides his clothes and personal items, he will not be allowed to take anything else if you file for divorce.

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