Friday, March 1, 2013

Preglimony- Will NJ See a New Support Obligation? And a Man's Right to Choose?

Based upon older laws, men's support obligations presently begin at birth. Through DNA testing, parties can now know parentage long before birth. As a result, there is now the opportunity for an unmarried mother to receive contribution for costs associated with unborn children including medical bills, maternity clothes lost income and other expenses. This obligation may exist even if the mother miscarries or the pregnancy is terminated. In fact, the father could also be looked to for abortion costs. This concept is ripe for litigation of issues from the tax treatment of preglimony, as deductible to the father and income to the mother like alimony or not tax-affected like child support, to the much more significant issue of whether the sole right to choose whether to continue or terminate a pregnancy would then rest with the woman or both parties. Preglimony could lead men who would otherwise pressure women into unprotected sex to cease the practice, preventing unwanted pregnancy and disease. Alternatively, unwed women who become pregnant are often pressured to abort the pregnancy and imposing preglimony could certainly increase the pressure and in some cases abuse. Although preglimony is not presently charged to men or available to women, expect to see significant legal activity regarding this issue in the future. For more information on child support, custody, parenting time/visitation, adoption, dissolution of a civil union, marriage or domestic partnership, modifications, alimony, palimony or other family law matters in New Jersey visit This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.

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