My Income Has Changed, How do I Modify Child Support?

Child support is always modifiable upon a showing of a change in circumstances. If a person has a change in income, you can file what is called a motion. A motion is a request for the court to review your circumstances and make a new order based on that change in circumstances.

Read More

What is a Divorce from Bed and Board?

The divorce from bed and board is a statutory creature that has really helped us today, in particular, with the cost of medical insurance coverage. A divorce from bed and board divorces you in all respects except, under the law, you’re still considered married. You can’t remarry and when you file your tax returns you […]

Read More

How Do New Jersey Courts Determine Custody?

Moms and dads are playing equal roles in their children’s lives The courts are looking for who is the person who’s involved in the grooming of the child, who is the parent who’s involved in cooking for the child, doing the laundry for the children or child, all those kinds of issues, mundane or otherwise, […]

Read More

How Does a Legal Separation work in New Jersey?

We really don’t have legal separation in New Jersey. A legal separation is basically a divorce without the final step. You’ve addressed, custody parenting time, child support, alimony, if any, and you’ve done all of the equitable distribution that’s necessary. You’ve signed an agreement which controls how you live from that point forward, but you […]

Read More

How is Child Custody and Parenting Time Determined in New Jersey?

We start off with the premise that both parents are entitled to equal time with their children. We now see instances where parents have shared custody on a greater frequency. Children need stability. Jumping from one house to another everyday isn’t always in your child’s best interests. There are some schedules that have been developed […]

Read More

When I Get a NJ Divorce, Will I Lose My Health Insurance?

The answer is usually, no. When two people get divorced, they are no longer considered spouses under the definition of the health insurance requirements. There is something else called the divorce from bed and board which allows health insurance coverage to be extended to a spouse beyond the date of the judgement. It is the […]

Read More

Is a Business Marital Property In My New Jersey Divorce?

If the business was created during the marriage, it is subject to equitable distribution. One of the factors that the court will examine is both party’s involvement in that business. Generally speaking, it’s an asset subject to equitable distribution. The increase in value, and arguably, the decrease in value, are subject to equitable distribution. Experts […]

Read More

How is Child Support Determined In a New Jersey Divorce?

Over the years, there have been computer programs that have been created in order to calculate child support. Child support is a product of income and predominantly the number of overnights you have with your children. If you are a parent that has 104 overnights or more, we use a shared parenting worksheet. In a […]

Read More

How Long Does Mediation Take In New Jersey?

Mediation takes as long as necessary. I tell clients that you could be divorced within a month, which shocks them. If you and your spouse come to agreements quicker, you could have your divorce resolved much more quickly. Certainly one of the factors that would lengthen the process if there is a necessity to appraise […]

Read More

How Does Legal and Residential Custody Differ?

Legal custody is the term that we use for important decisions you make for your children, such as anything related to their health, education, and welfare. Parents usually share joint legal custody, meaning that they are going to jointly make these decisions for their children. Sole legal custody can be requested when a court deems […]

Read More

Do I Have to Pay Child Support If I Have Shared Custody?

  It depends on your incomes. The difference in income will determine whether you pay child support, typically. When you receive alimony, that’s income to you, and if you pay alimony, it’s deduction against your income. It really is a product of your incomes after alimony is paid, if there’s any alimony at all.  

Read More

How Can I Prevent My Spouse and Child from Moving Out of State?

Our law right now, in some respects, liberally allows the relocation if it’s made in good faith They must be moving for good reasons. All NJ courts will address if the move in the child’s best interests. In NJ, moving away from one parent is usually not consider automatically contrary to the child’s best interest […]

Read More

How does an Uncontested Divorce Work?

Uncontested divorces are those where there is already an agreement in place because all of the issues surrounding the marriage, including support, parenting time and custody, and equitable distribution have already been decided. Parties will go to court and they’ll already have a signed agreement in hand. That agreement will become part of the final […]

Read More

Will My Children Have to Testify in My NJ Divorce Trial?

If custody is an issue between you and your spouse, part of the process will often involve your children being interviewed either by a custody expert who is usually a child forensic psychologist or by the judge. Interviews with children in their teen years are often required by the court. Children who are younger are […]

Read More

What Are the Outcomes of DCPP Investigations in New Jersey?

When the division did confirm that there was an act or omission that constituted child abuse or neglect they decide if it is substantiated or established. There are two non-child abuse findings which are not established and unfounded. These findings have been changed in recent years and they remain largely unlitigated by the courts. A […]

Read More

What is Equitable Distribution in New Jersey?

Equitable distribution addresses the assets and liabilities that exist in a marriage. Equitable distribution addresses what assets and debts accumulated between the date of the marriage to the date the complaint for divorce was filed. Anything that’s acquired between those two dates is in the pot for equitable distribution. We predominantly start off with a […]

Read More

What is a Case Information Statement and How do I Complete It?

The purpose of the Case Information Statement, which we call a CIS, is to provide an overview of your entire financial situation. The first section usually deals with your personal information The next section of the form deals with your income and the income of your spouse. The next section encompasses your shelter expenses, whether […]

Read More

What is a Motion and How Does It Work?

A motion is an application to the court where you’re requesting that the court either take some sort of action or grant you some sort of relief. Any party to a matter can file a motion. The adversary has a chance to either respond to that motion, oppose that motion, or request their own relief. […]

Read More

What is Alimony Reform in NJ?

We’ve eliminated the concept of permanent alimony. In its place, the legislator has substituted the phrase “Open durational alimony”. You can never receive alimony greater than the length of your marriage, except in exceptional circumstances. If you’re married 10 years, you would typically only receive alimony up to 10 years. The law now provides a […]

Read More

When is Alimony Awarded in NJ?

There’s a series of statutory factors that have to be considered when courts and mediators decide on alimony. Certainly, you look to the age of the parties. The length of the marriage is critical. The incomes that people have earned, their abilities, their educational backgrounds, their child-rearing responsibilities are some of the factors that are […]

Read More