child support questions

[jdoe]

I have an infant daughter with a man who is still married to a stay at home mom and also has 3 other daughters from that marriage. He is currently starting a chapter 7 bankruptcy. If I file for support will the wife's lack of income be taken into account. Also how will his 3 other daughters for which he does not have a support order be taken into account.He did have a small home based business that is also bankrupt and now his wife is working 6 hours a day afew days a week. I believe his house will also soon be sold since he will not be able to make payments but should stand to gain some profit from the sale. His salary from work is about 40,000. and mine is 62,000.

[KC405]

Generally, all of the facts you mentioned will be taken in to consideration by the court in determining child support. This includes the wife's lack of income as well as his obligation to support the 3 daughters. You may be entitled to some of the profit on the sale as it will be deemed income to the husband. I would file for support asap.

[jdoe]

Thank you for replying. I had heard both that the wife's lack of full time work would be to my detriment and also that it wouldn't and that the courts would look at what she could have made working full time since it was a personal choice on their part and not as a result of any medical disability,etc. Their youngest child is 10.Which is usually correct?

[KC405]

Take a look at this article: http://www.divorcenet.com/divorcenet_2/states/new_jersey/new_jersey_child_support_part_1

It may answer some of your questions