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Do I include current husbands income and financial information in a Family Part Case Information Statement regarding ex?

Freehold, NJ |

I am filling out a Family Part Case Information Statement. I am re-married and filing some motions for post judgement relief regarding my ex-husband. Do I have to include my current husband's income information including his pay stubs? I do not work so I do not receive medical benefits through my employment. I am covered under my husbands plan through his employment. Do I have to submit an Affidavit of Insurance Coverage if I'm not the main policy holder?

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Attorney answers 3




I am sorry. I misspoke. To the extent of your income, merely advise the court that is dependent upon current husband . There is no need to extrapolate or offer evidence as to his income.


Dear Freehold,

Thank you for your inquiry. It depends on the nature of relief you are seeking. For example, if you have more children with your new husband and want to recompute child support with your old husband, your supposed to disclose your current husbands income information to allow the court and/or your ex. to be able to verify you are only taking your appropriate share of credit for supporting your new child/children when computing the new child support figure for your previous children from your fist marriage.

Likewise for an alimony modification as you may still have an earning ability despite not working and the expenses you list may be disputed as you don't have them because you do not pay them if you are not working etc. Now rest assured just because you may have to "disclose" your new husbands income that is discoverable, such income is not going to actually be used to pay alimony or child support from your previous marriage. It just helps everyone, especially the judge, make a good decision if the matter does not settle. Having quality experienced legal counsel also is very important to save time, money, and complete the matter correctly. I am available if you would like to schedule a consultation to discuss this matter. I am in Manalapan.

Aniello D. Cerreto, Esq.

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