NJSBA Family Law Section

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  • 1.  In or out of wedlock?

    Posted 02-05-2019 10:05 PM
    There's got to be a statute on this?

    1. If parties get divorced while the Wife is pregnant, is the baby considered to be born out of wedlock?
    2. Parties are waiving alimony (very short marriage), but dad agrees to start paying child support when mom is 8 1/2 months and leaves work. What would probation do with that? No baby yet.


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  • 2.  RE: In or out of wedlock?

    Posted 02-05-2019 10:53 PM

    David, NJ law no longer recognizes a "difference" between "legitimate" and "illegitimate" children.  Every child deserves the support of both of their parents, genetic or acknowledged, no matter the circumstances of their conception.


    As for your question on the prospective agreement to pay child support, again, I don't understand the issue.  Once the child is born, the Uniform Support Order can be completed and submitted to the court for entry.


    Deb Guston



    Immediate Past President,
    Academy of Adoption & Assisted Reproduction Attorneys

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