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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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Champagne Taste on a Beer Budget: How One Judge Determined Alimony for an Overspending Couple

Posted in Alimony, Child Support, Divorce, Equitable Distribution, Modification, Practice Issues

I’m not usually one to place a lot of stock in celebrity gossip, but I couldn’t help but take notice of the fact that it has been rumored that Amber Heard’s monthly income is $10,000, yet she spends $44,000 a month on shopping, dining out and vacations. Her ask for spousal support: $50,000 per month,… Continue Reading

Watch Out: Judges Start Getting Creative with Non-Complying Litigants and Obstructers

Posted in Alimony, Child Support, Counsel Fee Awards, Custody, Divorce, Equitable Distribution, Interspousal Agreements, Practice Issues

If I’ve heard it once, I’ve heard it a million times: “why don’t judges enforce their own orders or take hard lines against obstructers?” Many times, litigants feel powerless. Powerless to change anything; powerless to have courts take a firm position in favor of those aggrieved; and, powerless to be heard. Clients and attorneys alike… Continue Reading

How New Jersey’s New Emancipation Statute May Affect Graduate School Contribution

Posted in Child Support, College, Custody, Divorce, Equitable Distribution, Modification, Mulcahey v. Melici, Practice Issues, Property Settlement Agreements

With summer just beginning, many people have visions of swimming pools, beaches and family vacations. Others in New Jersey have visions of Sallie Mae, tuition bills and book fees. After four years of what has become obligatory college contribution pursuant to the mandates of Newburgh v. Arrigo, many parents in the state are then faced… Continue Reading

APPELLATE DIVISION ADDRESSES ENFORCEABILITY OF SETTLEMENT AGREEMENT AS TO COLLEGE IN NEW PUBLISHED DECISION

Posted in Child Support, College, Interspousal Agreements

The Appellate Division’s newly published (precedential) decision in Avelino-Catabran v. Catabran provides another lesson to practitioners and litigants about the language used in settlement agreements and how such language, if unambiguous and without basis to modify, will likely be upheld in matrimonial matters.  The specific dispute involved college payments for the parties’ older child and child support,… Continue Reading

The Forgotten Insurance: Life Insurance to Secure Alimony & Child Support

Posted in Alimony, Child Support, Divorce, Interspousal Agreements, Modification, Practice Issues, Property Settlement Agreements

When we all think of insurance, we often think of medical insurance, car insurance and homeowner’s insurance as these seem to be the necessary and everyday types of insurance. Life insurance, which for some can be synonymous with high premiums, is one of the first costs to go when seeking to reduce your budget. I… Continue Reading

Baby, Now You Really Can Drive My Car: Questions About Child Support & Driving Expenses, Answered

Posted in Child Support, Modification, Practice Issues

Ah, the moment you have been waiting for – nay, dreaming of – has arrived:  your child has gotten his or her driver’s license!  It was a long time coming, after 17 long, hard years of carpooling to school, arguing with the other parents about who is going to pick the kids up from their… Continue Reading

NEW JERSEY EMANCIPATION STATUTE SIGNED BY GOVERNOR CHRISTIE

Posted in Child Support, College

On Tuesday, January 19th, Governor Christie took a break from his busy presidential campaign to sign several new pieces of pending legislation, one of which was New Jersey’s pending emancipation statute that impacts upon child support and when/how it terminates.  The new law, which takes effect 180 days after its signing, is applicable to all… Continue Reading

APPELLATE DIVISION ANALYZES WHAT IT MEANS TO "ABANDON" A CHILD "BY WILLFULLY FORSAKING" HIM

Posted in Child Support, Custody, Estate and Trust Issues, Visitation/Parenting Time

Family law and estate law are undoubtedly two very personal areas of the law that often cross-over with one another depending on the issues at hand.  In the Matter of the Estate of Michael D. Fisher, II presents us with one of the more tragic factual scenarios where the two worlds intertwine. These are the facts that you… Continue Reading

“Conscious Uncoupling”: An Ode to a Mediated Divorce

Posted in Alimony, Child Support, Custody, Divorce, Equitable Distribution, Mediation/Arbitration, Practice Issues, Privacy and Confidentiality, Property Settlement Agreements

As a lover of all things Coldplay, I was sad to hear that lead singer Chris Martin and his wife of more than 10 years, Gwyneth Paltrow, were divorcing. Gwyneth Paltrow announced the separation on her website Goop.com and used the term “conscious uncoupling” to describe their approach to divorce.  Although the term had been originally… Continue Reading

Beware the Divorce Litigant Who is Watering the Money Tree With The Tears From Cries of Poverty

Posted in Alimony, Child Support, Counsel Fee Awards, Equitable Distribution, Practice Issues

Often, cases are given nicknames, sometimes by judges and law clerks, and sometimes by the attorneys.  Sometimes the nicknames come from who the people are – for instance, a case we had several years ago where both parties were models became the “model case” at the courthouse.  Sometimes, the names come from something that one or both… Continue Reading

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

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