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Category Archives: Child Support

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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

FACEBOOK PAGE OF NEW JERSEY TEEN SUING HER PARENTS CAN ONLY LEAD TO NO GOOD

Posted in Child Support, College

We have written many times on this blog about the dangers of using social media in connection with an ongoing divorce, custody dispute, domestic violence matter, and more.  Apparently Rachel Canning, the New Jersey teen suing her parents for financial support and college payments, is not a subscriber to the blog.  If she were, she… Continue Reading

NEW JERSEY FATHER ORDERED TO PAY $112,000 FOR DAUGHTER’S LAW SCHOOL TUITION

Posted in Child Support, Custody, Divorce, Modification, Practice Issues

Talk about sticker shock.  A New Jersey father was recently ordered to pay more than $112,000 for his daughter to attend Cornell Law School. But is it really shocking?  The parties’ divorce agreement, entered into in 2009, did provide that the parents would split the cost of law school provided that she maintained over a… Continue Reading

NEW JERSEY COURT ‘PUNTS’ JURISDICTION

Posted in Child Support, Practice Issues

As noted by Robert Epstein in his blog post from earlier today, issues surrounding jurisdiction are often complicated and fact-specific.  Luckily, in the recent published decision (precedential) Johnson v. Bradshaw, the Court was able to draw a clear line regarding jurisdiction over support orders for parties that no longer reside in New Jersey. The central… Continue Reading

HOW TO PROPERLY CALCULATE CHILD SUPPORT FOR MULTIPLE FAMILIES – THE APPELLATE DIVISION WEIGHS IN

Posted in Child Support

While the New Jersey Child Support Guidelines provides guidance on how to determine child support for multiple families, the Appellate Division in Harte v. Hand, a newly published (precedential) decision, provides a more detailed computation analysis that the Court describes as a “workable method” to achieve equity.  The Guidelines anticipate an adjustment when an payor must support more than… Continue Reading