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NJ Family Legal Blog Pertinent Information As It Relates To New Jersey Family Laws

Category Archives: child support

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WHO’S YOUR DADDY?

Posted in child support, Paternity

In a recent case, Passaic County Board of Social Services on Behalf of T.M. v. A.S., the New Jersey Family Court encountered a unique set of facts.  A mother of two twin girls sought to establish the paternity of her daughters in order that the father would be obligated to commence paying child support.  She… Continue Reading

J is for Justifying a Deviation from the Child Support Guidelines

Posted in child support, Practice Issues, Property Settlement Agreements, Uncategorized

Your lawyer has just told you what you are likely to receive for child support and your jaw has dropped because you know the amount comes nowhere near the actual cost of supporting the children. How then, do you get your soon-to-be ex-spouse to pay what you consider to be a fair amount for the… Continue Reading

BE CAREFUL WHAT YOU WISH FOR…BECAUSE YOU JUST MIGHT GET IT

Posted in alimony, child support, Divorce, Interspousal Agreements, modification, Practice Issues, Property Settlement Agreements

As a matter of public policy, New Jersey Courts favor the enforcement of agreements reached between parties. Since Marital Settlement Agreements (“MSA”) are entered into consensually and voluntarily, they are often approached with a predisposition in favor of their validity and enforceability.  That notwithstanding, these agreements are enforceable only if they are fair and equitable.… Continue Reading

Imputing Income for Interim Support at the Beginning of a Divorce

Posted in alimony, child support, Divorce

The issue of interim support payments comes up in almost every divorce matter.  The law requires that the so-called “status quo” that existed during the marriage be maintained to the extent possible, but what does that even mean when there may now be two households to support, litigation expenses, and other costs that were never… Continue Reading

MAKING THE RELEASE OF THE DEPENDENCY EXEMPTION CONDITIONED UPON THE RECEIPT OF THE CHILD SUPPORT DUE

Posted in child support, Practice Issues, Tax Exemption

One of the issues to resolve in a divorce cases is the allocation of the dependency exemptions. While the IRS says that they should go to the custodial parent, by and large, states, including New Jersey feel that they can allocate the exemptions between parents and there is case law to that affect. In most… Continue Reading

H is for HIPAA

Posted in alimony, child support, Cohabitants' Rights, Custody, Divorce, Domestic Violence

Health care information (including mental health information) can be very  important in a family law case in many ways and for many different reasons. In custody matters, the fitness of each parent is front and center of the case.  Often times, a parent’s medical and mental health history will be relevant to the issues that… Continue Reading

APPELLATE DIVISION ADDRESSES INCLUSION OF EXTRACURRICULAR ACTIVITIES IN CHILD SUPPORT

Posted in child support

Many divorce or support proceedings involve the issue of who is going to pay for extracurricular activities.  Who is paying for sports?  Band?  Social clubs?  Art?  Drama and more? While settlement agreements commonly have a separate payment allocation for such expenses from the basic child support obligation – commonly in proportion to the parties’ respective incomes,… Continue Reading

WHEN LESS THAN THE FULL AMOUNT IS PAID, WHO GETS TO DECIDE WHETHER IT WAS ALIMONY OR CHILD SUPPORT?

Posted in alimony, child support, Practice Issues

What happens when a support obligor shorts his alimony and child support payments and then tax time comes around?  Of course, since alimony is deductible to the payor, he/she is likely to want to claim that most or all of the payments were alimony in order to get the deduction.  Inevitably, if the recipient doesn’t… Continue Reading

New Years Resolutions: How to Be a Good Divorce Client

Posted in alimony, child support, Divorce, equitable distribution, Interspousal Agreements

In the spirit of New Years resolutions, I thought I would give my top 10 resolutions on how to be a good divorce client. 1.         Give me the information I am asking for in a timely manner.  I realize your time is valuable. I realize that it takes a significant amount of time to compile… Continue Reading

Parents Required To Pay $16,000 Toward Estranged Daughter’s College Education

Posted in child support, Custody, Divorce, modification, Practice Issues

“Caitlyn’s parents Maura and Michael were young loves. Their marriage only lasted two and a half years but the two say they amicably parented to give their daughter the best life they could.” ABC News Anchor, Wendy Saltzman, reported on last night’s news. Caitlyn’s parents became estranged from their daughter when “Instead of following our… Continue Reading

NEW JERSEY FAMILY LAW PODCAST SERIES – CHILD SUPPORT AND EMANCIPATION

Posted in child support

In the return of our New Jersey Family Law Podcast Series, we are proud to present our fifth installment discussing child support and emancipation.  This has been a hot topic in recent months, especially following the Rachel Canning lawsuit from earlier this year.  Enjoy! Listen to the Podcast and download the transcript here. ___________________________________________________________________________________________ Robert A. Epstein is… Continue Reading

NJ COURT FINALLY RECOGNIZES THE ECONOMIC REALITIES OF PARENTAL COLLEGE CONTRIBUTIONS

Posted in child support, College

It all started with the 1982 Supreme Court case of Newburgh v. Arrigo. That is the case that lawmakers, judges and attorneys alike point to when they are asked the age-old questions “why do divorced parents have an obligation to contribute to college, but intact parents do not?”  Eric Solotoff blogged about this conundrum on… Continue Reading

Ability to Pay Hearings: A Refresher in the Limits of Coercive Incarceration

Posted in alimony, child support, Practice Issues

“Why won’t they throw him in jail?  He is $10,000 in arrears in child support!”  This is a sentiment many matrimonial practitioners frequently hear from their clients. Often times clients think that courts automatically throw an obligor spouse in jail for the non-payment of support.  While not uncommon in other states, in truth, the use… Continue Reading

TAX COURT RULES HUSBAND’S ALIMONY PAYMENTS ARE REALLY NON-DEDUCTIBLE CHILD SUPPORT

Posted in alimony, child support, Practice Issues

In Johnson v. Commissioner of Internal Revenue, an interesting new decision from the United States Tax Court, a former husband was held unable to deduct the payments to his ex-wife as alimony because the amount of such payment was subject to a “child-related contingency.”  Specifically, the parties’ divorce settlement agreement provided that “spousal maintenance” payments to… Continue Reading

The Matrimonial Millstone: An Exit Strategy from a Detached Defendant

Posted in alimony, child support, Counsel Fee Awards, Divorce, equitable distribution, Visitation/Parenting Time

In the early 20th century, Dr. Duncan MacDougall attempted to quantify the mass lost when the soul departed the body upon death. This study has perpetuated the weight idiosyncratically known as “21 Grams.” Although this theory has largely been dismissed by later studies, the better question is: how much weight does your soul bear going… Continue Reading

THE INAPPROPRIATENESS OF LINKING RESOLUTION OF CUSTODY TO RESOLUTION OF FINANCES

Posted in alimony, child support, Custody, Practice Issues, Visitation/Parenting Time

Judges want all issues resolved but especially custody and parenting issues.  No issues are more difficult and heart wrenching to decide – especially when facing a true, bona fide custody dispute (and I am not sure that there are really many of those – but occasionally they occur.) Phote courtesy of freedigitalphotos.net The New Jersey… Continue Reading