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Category Archives: Child Support

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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

Warning: You May Regret Agreeing to Pre-Determined Resolutions for Future Possible Support and Custody Issues

Posted in Alimony, Child Support, College, Modification, Property Settlement Agreements, Visitation/Parenting Time

I am an advocate of resolving divorce and custody disputes and helping my clients make reasonable attempts to avoid judicial intervention.  It is less costly, less lengthy and allows litigants to make their own decisions regarding their children, finances, assets and debts.  However, the motivation for entering into a settlement agreement should not be solely… Continue Reading

SEVEN DEADLY SINS OF DIVORCE: GLUTTONY

Posted in Alimony, Child Support, Custody, Divorce, Domestic Violence, Equitable Distribution, Modification, Other, Practice Issues, Visitation/Parenting Time

A new report in Scientific American Mind suggests that humans who tend to overeat may develop the same patterns of neural activity as drug addicts. For example, in 2006, a physician at substance abuse center in Michigan noticed that many of his patients had recently undergone bariatric surgery to lose weight.  When they succeeded, patients… Continue Reading

MANDATORY PARENT EDUCATION COURSES: MANDATORY FOR A REASON?

Posted in Child Support, Custody, Divorce

Of all the things to complain about during a divorce – the unnecessary contention, the frequent court appearances or the endless road of discovery – the one complaint I hear most frequesntly  is about New Jersey’s mandatory Parent Education Program. Yes, you read correctly.  It is the Parent Education Program – a compulsory seminar for… Continue Reading

DIVORCE RESOURCE: NEVER UNDERESTIMATE THE VALUE OF EXPERTS

Posted in Alimony, Child Support, Civil Unions and Domestic Partnerships, Counsel Fee Awards, Custody, Divorce, Equitable Distribution, Estate and Trust Issues, Practice Issues, Property Settlement Agreements, Resources, Visitation/Parenting Time

Last week, I blogged about the Information Asymmetry and how important it is for you to educate yourself going in to the divorce process so that you can meaningfully assist your attorney with your case.  But what about your attorney? And what about your Judge?  Isn’t it important for them to also be as informed… Continue Reading

THE INFORMATION ASYMMETRY AND THE DIVORCE PROCESS: AN UNLIKELY PAIR

Posted in Alimony, Child Support, Civil Unions and Domestic Partnerships, Counsel Fee Awards, Custody, Divorce, Equitable Distribution, Estate and Trust Issues, Interspousal Agreements, Mediation/Arbitration, Modification, Practice Issues, Prenuptial Agreements, Property Settlement Agreements, Tax Exemption, Visitation/Parenting Time

What do divorce and economics have in common?  Well, a lot. But today I am focusing on the unlikely link between the theory of information asymmetry – which deals with the study of decisions in transactions where one party has more or better information than the other – and the New Jersey Divorce App.  … Continue Reading

ASSET IDENTIFIER: THERE’S A (NEW JERSEY DIVORCE) APP FOR THAT

Posted in Alimony, Child Support, Civil Unions and Domestic Partnerships, College, Counsel Fee Awards, Divorce, Equitable Distribution, Interspousal Agreements, Practice Issues

Today, I am highlighting another feature of our New Jersey Divorce App, the Asset Identifier.  While the “Finance Tracker” gives you the ability to input your more commonly identifiable assets such as your house, car, boat, bank accounts, the Asset Identifier does something a little bit different. It is important when considering what each party… Continue Reading

Tracking Finances: There’s a (New Jersey Divorce) App For That.

Posted in Alimony, Child Support, Civil Unions and Domestic Partnerships, Cohabitants' Rights, College, Counsel Fee Awards, Custody, Divorce, Equitable Distribution, Estate and Trust Issues, Interspousal Agreements, Mediation/Arbitration, Modification, Other, Practice Issues, Prenuptial Agreements, Privacy and Confidentiality, Property Settlement Agreements, Resources, Tax Exemption, Uncategorized

Oftentimes I hear from clients that gathering their financial information is the most daunting task they will face during the divorce process. They picture being buried in an avalanche of documents, account numbers and canceled checks. The New Jersey Divorce App’s Finance Tracker can help.  In fact, I have recommended it to my clients before,… Continue Reading

Dusten Brown dops custody claim for daughter adopted by South Carolina couple.

Posted in Adoption, Child Support, Custody

Yesterday, Dusten Brown dropped his four year custody claim for his daughter, Veronica.  This story has been in the news over the past several years, and has evoked strong feelings on all sides. Most of the media attention for the story surrounded the applicability of the Indian Child Welfare Act, which was ruled on by… Continue Reading

Ongoing Child Support for a Special Needs Child and Creation of a Special Needs Trust

Posted in Child Support, Estate and Trust Issues

Today, the New Jersey Supreme Court rendered an opinion discussing whether the creation of a Special Needs Trust for an adult disabled child may be used to eliminate direct child support payments to the custodial parent and whether a guardian ad litem should be appointed on behalf of the child when litigation ensues under these… Continue Reading

A SAVINGS COMPONENT IN CHILD SUPPORT?

Posted in Child Support

I have previously blogged about the permanent alimony , imputation and lifestyle aspects of the Gnall case decided by the Appellate Division last week.  The last interesting aspect of Gnall was the treatment of child support in an over guidelines case, specifically, college savings. *Image courtesy of FreeDigitalPhotos.net Remember from the prior posts that in this case, the… Continue Reading

DOES GNALL SUGGEST THAT WE SHOULD BE FILING MOTIONS TO GET STAY AT HOME PARENTS BACK TO WORK AT THE BEGINNING OF CASES?

Posted in Alimony, Child Support, Practice Issues, Uncategorized

I have previously blogged about the permanent alimony and lifestyle aspects of the Gnall case decided by the Appellate Division last week.  Gnall had another interesting issue, that is, imputation of income.  More specifically, the case discussed whether income should be immediately imputed to a stay at home parent. *Image courtesy of FreeDigitalPhotos.net In Gnall,… Continue Reading

HOW IS MARITAL LIFESTYLE DEFINED – DOES GNALL HELP WITH THE ANSWER?

Posted in Alimony, Child Support, Practice Issues

Yesterday, I blogged on the Gnall case for the proposition that it appears to say that a 15 year marriage automatically merits permanent alimony.  There were other interesting issues in Gnall too.  Particularly interesting was the discussion of marital lifestyle.  This issue is often vexing, and while there is a lot of discussion regarding marital… Continue Reading