Which custody is appropriate if you agree to take in neice but do not want to be responsible for her financially – physical joint custody?
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Which custody is appropriate if you agree to take in neice but do not want to be responsible for her financially – physical joint custody?
I recently agreed to take in my neice as a favor because the relationship between her stepmother and dad was deteriorating. I have 2 other children and it is a financial hardship as I am a single mother. We verbally agreed to a minimal order with the understanding that father would pay for all extra expenses as agreed. The consent order read joint legal and physical custody with no mention of verbal agreement. I want to protect myself while helping my neice and want to be sure I am not putting exta financial burden or responsibility on myself. What should I do?
Asked on August 22, 2012 under Family Law, New Jersey
Answers:
Brad Micklin / The Micklin Law Group
Answered 11 years ago | Contributor
Your question is a question of child support, not custody. Regardless of the type of pasta you agree to, joint or sole custody, child support is a separate issue.
Both the natural parents will be required by the court to contribute to child support pursuant to the New Jersey child support guidelines. The guidelines utilize an income proportionate calculation to determine the noncustodial parent's weekly child support obligation. This weekly obligation is then adjusted to account for the noncustodial parent's overnight schedule, the cost of medical insurance, any extraordinary or reoccurring medical expenses, daycare costs and any other support obligation.
The child support calculation is presumed to be the accurate number and in the child's best interest. The court, however, does have the ability to deviate from the child support guidelines if it is found to be in the child's best interest.
You should speak with an experienced attorney who is familiar with these areas of law.
Good luck.
Brad M. Micklin, Esq.
187 Washington Ave., Suite 2F
Nutley, NJ 07110
973-562-0100
This information is based on New Jersey law and upon the limited facts you presented. My advice may be different if I find that the facts presented are different. Additionally, this answer does not contain any confidential information nor does it create any attorney/client relationship.
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