Child Support Without Filing Divorce
Do You Have to Be Divorced to Get Child Support in NJ
In New Jersey, you can file for child support without filing for divorce. This can be a good option for married people who don't want to get divorced or who have never been married but share a child. Under New Jersey law, both parents are responsible for financially supporting their children until they are emancipated.
In these situations, you would file under what is called the "FD docket."
We can help you get child support under the "FD docket." Call the experienced Monmouth County attorneys at the Law Office of Steven P. Monaghan, LLC at (732) 624-6343 to arrange for your free initial consultation.
What is the "FD Docket" & What Steps Do I Take?
Known as the nondissolution docket, filing under the FD docket means that you are not fully dissolving your relationship, but also provides you a way to obtain support from the other person.
Here are the steps for filing under the FD docket:
- File a "Complaint and a Notice of Summary Action for Child Support"
- Complete the "Financial Statement for Summary Support Actions"
- Provide last year's tax returns, W-2 statements three most recent pay stubs
Once the court has all of the relevant information, it will provide you with a date to come into court. Since it is a summary support action, the court should hold a hearing for child support on the day you come into court. If the court is missing information needed to calculate child support, then it may make you come back to court on several occasions. In most cases, the court will simply use the New Jersey Child Support Guidelines to determine the child support obligation.
If You Now Want to File for Divorce
If you determine at a later time that you would like to file for divorce, you may do so. However, you must request that any court orders entered under the FD docket are carried over to your matrimonial action. This can be a difficult process and you should consult a Monmouth County child support attorney before you begin.
Don't Want to Divorce but Want Child Support? We Can Help.
For over 60 combined years, the Monmouth County divorce lawyers at the Law Office of Steven P. Monaghan, LLC have been helping clients like you successfully file to receive child support without first having to file for divorce.
Talk to our Monmouth County lawyers; your first consultation is free. Call (732) 624-6343or complete the online form.
Certified by the Supreme Court of New Jersey
Practicing Family Law Exclusively
Over 60 Years of Combined Experience
Recognized & Trusted by the New Jersey Community
Free In-Person Consultations