As as initial matter, it is important to note the New Jersey court system encourages parties to a divorce to settle. The Courts prefer when parties can resolve financial and custodial issues without judicial intervention. The terms of settlement are embodied in a Property Settlement Agreement, also known as a…
New Jersey Family Law Blog
Paternity – Anna Nicole Smith – The Deadline Draws Near
On or before January 23, 2007, the paternity of Dannielynn will be concluded. . Former Playboy Playmate, TV reality star, and TrimSpa spokesperson, Anna Nicole Smith (born Vickie Lynn Hogan) is disputing the decision and attempting to fight the Court appointed order from U.S. Judge Robert Schnider, that she submit…
New Jersey Child Support and Visitation: Is There a Connection?
Let’s face it – sometimes non-custodial fathers are delinquent in their child support payments. What is a custodial mother’s recourse? Perhaps, the custodial mother can call the probation department or file a motion to enforce litigant’s rights. There are many ways to enforce support orders and/or agreements. May the custodial…
New Jersey Alimony Laws: Termination Based on Disability
What happens when a payor ex-spouse becomes disabled after the divorce and is no longer able to pay support obligations? Is he/she still obligated to pay? In determining alimony, counsel fees, and property distribution, income may be imputed to a party who is voluntarily unemployed or underemployed; this requires intentional…
Support: Using Interest Earned from Inheritance in Calculation
In New Jersey, inheritance is viewed as separate property and is not subject to equitable distribution irrespective of when the inheritance is received. Nonetheless, inheritance can play a major role in assigning child support and alimony obligations. Keep in mind, inheritance monies should never be intermingled with joint assets. Always…
Support: How New Jersey Treats Underemployment
UNDEREMPLOYMENT In some circumstances, a party who is obligated to pay alimony and/or child support may change their employment, earn substantially less than before, and seek to have either obligation decreased on the basis of decreased income. The New Jersey Courts will not overlook this event; it is not a…
Custody: Changing the Custody Arrangement
More often than not, divorce decrees and settlement agreements are dispositive of physical and legal custody of the children born of the marriage. In most situations, the parties have joint legal custody while one party maintains sole physical custody. The non-custodial parent is awarded parenting-time. In some situations, the custody…