New Jersey Child Support Guidelines Can Only Be Disregarded For Good Cause
New Jersey Court Rules require that the Courts use the New Jersey Child Support Guidelines. The Court Rules further specify that the New Jersey Child Support Guidelines can only be disregarded by the...
View ArticleConsidering a Divorce in New Jersey?
In most marriages, there is one spouse that handles the family finances, and the other spouse typically is in the dark about the family’s financial picture.This poses a problem in the event that the...
View ArticleChild Support and Emancipation in New Jersey
New Jersey Courts have held that child support payments, although payable to the custodial parent, actually belong to the child. Accordingly, a custodial parent is not permitted to waive child support...
View ArticleCan a Child be Emancipated Over a Parent’s Objection?
While it is common in divorce cases for a non-custodial parent to attempt to emancipate his or her child once the child reaches the age of majority, a recent Trial Court Decision addressed the issue of...
View ArticleCan a Court Prohibit Me from Moving?
New Jersey’s Relocation Statute, N.J. Stat. Ann. § 9:2-2, prohibits persons going through a divorce or divorced people from relocating outside the State of New Jersey without the consent of the other...
View ArticleBeware of What You Post Online- Especially If You Are Involved In Litigation
In a recent family law case of Fitzgerald v. Duff (A-0177-12T4), the Appellate Division reversed a Trial Court decision to impute $100,000 to the father of the child for failure to make the requisite...
View ArticleRequirements for Special Needs Trust in Lieu of Child Support
The Supreme Court of New Jersey recently ruled that special needs trusts for the benefit of adult disabled child(ren) instead of a child support obligation should not be rejected if it was created for...
View ArticleAlimony & Retirement
A person seeking to modify their alimony obligation must prove that a substantial change in circumstances has occurred warranting a modification or termination of alimony. In certain circumstances,...
View ArticleCollege Contribution
In New Jersey, college costs and child support for an unemancipated child are generally considered as two discrete, yet related obligations imposed on parents. The duty of parental support may include...
View ArticleRecent Changes to the Alimony Statute and Cohabitation
As John S. Eory, Esquire previously blogged, Governor Chris Christie signed into law changes to our alimony statute on September 10, 2014. Prior to the new alimony statute, the law of the State of New...
View ArticleWhat to Expect When You’re Divorcing: The Initial Consultation
Divorce can be an extremely stressful experience, but often the best way to stay calm is by preparing yourself with as much information as possible. When first setting up an initial consultation with a...
View ArticlePowerball Winner & Divorce?
With the upcoming Powerball jackpot being the largest in history ($1.5 billion), the issue of whether a lottery prize is subject to equitable distribution is certainly relevant, and may be a very real...
View ArticleNew Standard for Child Relocation Applications in New Jersey
Baures v. Lewis Standard for Relocation For just over 16 years, Baures v. Lewis was the standard in New Jersey for allowing a parent to permanently relocate out-of-state with a child against the other...
View ArticleTri-Parenting Arrangements and Custody
Changing American Families Changing social norms and biological advances in reproductive technology have changed the face of the family, in turn creating legal consequences and implications. Families...
View ArticleWill the Judge Listen to My Child’s Preferences When Deciding Custody?
Divorcing parents often ask whether a judge listen to a child’s preference in a custody dispute. The answer is maybe – it depends on many factors, including the age of the child. A Child’s Preference...
View ArticleWhat Income is Used to Determine Alimony & Child Support in New Jersey?
The fairness of the calculation of alimony and child support depends on the accuracy of both party’s respective incomes. Both alimony and child support are calculated using each party’s gross income....
View ArticleDivorce in NJ During COVID-19: Think Collaboratively
Recent weeks have caused us all to endure changes and challenges. This is particularly true in states like New Jersey, which is among the hardest hit states by the COVID-19 Pandemic. Those who no...
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