About Lyons and Assoc

At Lyons & Associates, our attorneys understand that a divorce or family law matter involves more than just a legal resolution. While we aggressively pursue your goals and protect your interests in court, we also take a holistic approach that focuses on helping you transition from your pre-divorce life to your new post-divorce life, or through whatever other family crisis you may be facing.

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Here are my most recent posts

Does Child Support End at Graduation?

May 15, 2013 By

If you have a child who is about to graduate from high school or college, you may be wondering if child support will stop. We at Lyons & Associates, P.C. specialize in all aspects of matrimonial and family law. We often counsel clients on issues relating to graduation and child support.

Unlike many other States, New Jersey does not set forth an exact numeric age at which child support ends. Therefore, child support will not automatically end simply because a child turns 18 or 21, for example. Nor does graduation automatically end child support either. Like so many other areas of law in New Jersey, the true answer as to whether child support ends when a child graduates is “it depends.”

When it comes to high school graduation, child support can and often does continue if a child goes on to attend full-time college, full-time trade school, or some other type of full-time educational program. See Limpert v. Limpert, 119 N.J. Super. 438, 442 (App. Div. 1972). Most of the time, however, in order for the child support to continue while in college or trade school, the child must show proof that he or she is making reasonable progress towards obtaining the degree. See Van Brunt v. Van Brunt, 419 N.J. Super. 327, 329 (Ch. Div. 2010). In other words, the child cannot simply squander away his or her time in school.

If, on the other hand, a child does not continue a full-time education after graduating high school, or if the child gets a full-time job or goes into the military, then most likely child support will end.

Once a child graduates from college, most of the time child support does end. However, there are still some times when a parent might not be completely off the hook. There have been a few cases where parents have been made to continue to pay child support past college graduation, especially if their child goes on to attend graduate school and the parents have the economic resources to continue to pay child support. See Ross v. Ross, 167 N.J. Super. 441, 446 (Ch. Div. 1979).

In short, sometimes child support ends when a child graduates, and sometimes it does not. Each case is fact sensitive. If you or someone you know has questions about whether their child should stop, contact one of the experienced attorneys at Lyons & Associates, P.C. by filling out our online intake form or by calling us at 908-575-9777.


Filed Under: Child Support, Family Law Tagged With: , , , ,

Do I Need a Child Custody Evaluation in New Jersey?

May 10, 2013 By

In most divorce cases, the most difficult issue to resolve is the custody of and visitation with minor children. Ideally, you will be able to come to an agreement about this with your ex-spouse. You can, however, defer the decision to the Court. If you do, though, the court may order a child custody evaluation, which can cost thousands of dollars. That alone can be a sufficient incentive to try to work out a parenting agreement.

The Rules Governing Child Custody Evaluations

The rules of civil procedure in New Jersey give the court the discretion to order a child custody evaluation upon the request of one or both parties to a divorce. The child custody evaluator is technically an expert witness, so each party may have his or her own evaluator, but various factors including cost mitigate against this. Typically, the Court will enlist a neutral evaluator to make a recommendation regarding what is best for the minor child. Still, however, the parties themselves must pay the fees.

The Court has the power to require a child custody evaluation when doing so is in the best interests of the child. If parties cannot agree with respect to temporary custody while a divorce is pending or with respect to permanent custody, the court can mandate a child custody evaluation. If one of the parties seeks to modify the existing custody arrangement and the other party seeks to challenge that request, a child custody evaluation may be forthcoming.

Even if the parties have “agreed” to a parenting arrangement, the Court has the power to order an evaluation if there is reasonable cause to believe that the agreed upon arrangement is not in the best interests of the child. For example, if there have been allegations of domestic violence or evidence to show that one party to the marriage has used physical or mental intimidation to exert control, the Court may seek an independent assessment of what would be the best custody arrangement.

Contact the Law Office of Lyons & Associates

At Lyons & Associates, we bring a high level of personalized service and attention to men and women in New Jersey. To schedule an appointment, contact us online or call our office at 908-575-9777.


Filed Under: Child Custody, Divorce, Family Law Tagged With: , , ,

Can I Represent Myself in a Divorce Proceeding?

May 6, 2013 By

Do You Need an Attorney in a Divorce Proceeding?

If you and your spouse have concluded that your marriage is over and you have no children or other issues in dispute, or you don’t believe you can afford a lawyer, should you simply represent yourself in the divorce process? Under New Jersey law, you are not required to have counsel in a legal proceeding. However, there is an old adage in the law that the person who represents himself “has a fool for a client.” What benefits can an attorney bring, especially when your divorce is essentially uncontested?

Representing Yourself
in a Divorce Proceeding

In most cases, if you choose to represent yourself in a divorce proceeding, you must either be willing to take on significant responsibility or be willing to accept the decisions of your ex-spouse. Even the simplest divorce requires that one party file a complaint in Court, stating the grounds for divorce and the requested relief. If you have children and need to establish child custody and visitation or child support, the matter can quickly become overwhelming. If there is property with both parties on the title, the steps necessary to convey that property to one party will likely be unfamiliar and confusing.

Typically, the only way that representing yourself won’t be detrimental to you is when your ex-spouse is unrepresented and has agreed to an uncontested divorce. Even then, there will likely be issues in dispute. After all, if you had the ability to work amicably with your ex-spouse, you probably wouldn’t be getting a divorce. If your ex-spouse is represented by counsel, you will find it extremely challenging to resolve matters in any way other than the way your ex-spouse wants.

In all divorce proceedings other than those in which there are no children and no property, you will have to:

  • Collect all financial information, including records regarding property owned, salaries and income, investments, bank accounts, insurance and debts
  • Be prepared to submit to a child custody evaluation if you cannot agree on the terms of custody or visitation
  • Prepare and file all documents related to the divorce, including the complaint, response and judgment of divorce
  • Appear in front of a Judge at all scheduled hearings or proceedings

Contact the Law Office of Lyons & Associates

At Lyons & Associates, we bring a high level of personalized service and attention to men and women in New Jersey. To schedule an appointment, contact us online or call our office at 908-575-9777.


Filed Under: Divorce, Family Law Tagged With: , ,

What Is a Child Custody Evaluation?

May 3, 2013 By

New Jersey Child Custody Evaluations

In New Jersey, as in all states, the parents of minor children of divorce can work out their own custody agreements based on the best interests of the children. If you and your ex-spouse are unable to do so, however, and the court becomes involved, the court may order a child custody evaluation. What does that look like? Must the judge follow the recommendations of the evaluator? This blog post offers an overview of the child custody evaluation process in New Jersey. To further discuss your questions or concerns, contact Lyons & Associates by online or call us at 908-575-9777.

The Child Custody Evaluation Process in New Jersey

The court will only seek the opinion of a child custody evaluator when the parents are unable to agree on physical and legal custody, or the terms of visitation or if a Judge sees something present like drugs or domestic violence that the Court believes could jeopardize the child’s best interests. The evaluator is typically a mental health professional, such a psychologist or family therapist. Once retained, the evaluator will conduct interviews with all relevant parties, including parents, children, school officials, doctors and others. As a parent, you will likely undergo a psychological examination, and the evaluator will prepare a psychological profile.

The evaluation can be extensive, including an evaluation of:

  • The ability of the parents to work cooperatively in the best interests of the child
  • The respective parenting skills of each parent
  • The psychological health of each parent, as well as of the children
  • Any evidence of domestic abuse or violence
  • Any evidence of substance abuse

Based on all the information gathered, the evaluator will make a written recommendation to the court regarding who should have custody and how visitation should take place, all based on the best interests of the child. Though the judge always has discretion to make a ruling based on his or her perception of the best interests of the child, for all practical purposes, the judge often concurs with the child custody evaluator. The decision can become more complex if there are more than one custody evaluation.

Contact the Law Office of Lyons & Associates

At Lyons & Associates, we bring a high level of personalized service and attention to men and women in New Jersey. To schedule an appointment, contact us online or call our office at 908-575-9777.


Filed Under: Child Custody, Child Visitation, Family Law Tagged With: , , ,

What Happens When a Party Stops Paying Child Support?

May 3, 2013 By

The Consequences of Non-Payment of Child Support in New Jersey

When a noncustodial parent subject to a child support order in New Jersey stops making payments, the custodial parent has at his or her disposal a number of remedies. This blog post provides an overview of what can potentially occur subsequent to non-payment of support. To learn more about your rights in these circumstances, contact Lyons & Associates online or call us at 908-575-9777.

Actions That May Be Taken Against a Non-Paying Parent

In New Jersey, the court system can be used to enforce support decrees.

The Courts have a number of tools at their disposal to assist with the collection of child support payments, including:

  • Income withholding — If a noncustodial parent is employed, a party can seek an order withholding a portion of that person’s income. The employer will pay the specified amount directly to the probation department, which will then distribute the payment to the custodial parent. The order will typically include an additional amount to cover arrearages.
  • Tax refund offset — Probation also has the ability to obtain an offset of any tax refund from state or federal tax agencies, provided the arrearage exceeds a certain limit.
  • Attachment of civil award or judgment — If the noncustodial parent receives any type of civil award or settlement, the Courts may seize any portion of it to satisfy child support arrearages.
  • Other remedies — The Courts have has a number of other sanctions it can impose, including passport denial, driver’s license suspension, seizure of bank accounts or investments, and reporting arrearages to credit agencies.

It is important to understand, however, that visitation rights are not conditioned upon payment of child support. As a custodial parent, you cannot deny the other parent access to your children because the noncustodial parent is behind in child support payments.

Contact the Law Office of Lyons & Associates

At Lyons & Associates, we bring a high level of personalized service and attention to men and women in New Jersey. To schedule an appointment, contact us online or call our office at 908-575-9777.


Filed Under: Child Support, Family Law Tagged With: , , ,

Establishing Visitation in a New Jersey Child Custody Matter

April 19, 2013 By

Whether you are a custodial or noncustodial parent, you have a stake in how visitation is established. What factors will the court consider and to what will the judge give priority? Will the wishes of your minor child be considered? This blog post provides an overview of the procedure in New Jersey for determining visitation with minor children of divorce. If you have additional questions or concerns, contact Lyons & Associates online or call us at 908-575-9777.

The Guidelines for Child Custody and Visitation in New Jersey

The parties to a divorce in New Jersey can work out their own parenting plan, based on their specific needs. If they are unable to agree to the terms of visitation, the court will resolve the matter.

In New Jersey, as in all states, the determination of how and when visitation with a minor child will take place is based primarily on what is in the best interests of the child. The courts in New Jersey begin with the assumption that shared parental responsibility and frequent contact with each parent is in the best interests of a child. Some of the factors the court will consider when setting visitation include:

  • The ability of the parents to cooperate and communicate on parenting issues
  • The proximity of the noncustodial parent’s house to the custodial parent’s residence
  • The health, educational, religious or other special needs of the child, including the child’s involvement in extracurricular activities
  • The work schedules and child care needs involved
  • The nature of the prior relationship between the noncustodial parent and the child, including time spent with the child, as well as involvement in the child’s upbringing
  • The stability of the home environment provided by each parent
  • Any history of domestic violence, substance abuse or criminal activity, including any risk to the safety of the child when with either parent
  • The fitness of each parent to provide care and nurturing

New Jersey does not have a specific age at which a minor child’s wishes will be considered in establishing visitation. However, if the court determines that the child is old enough to make an intelligent decision, the judge may interview the child in chambers to ascertain preference. The child’s request will not be controlling, but may be considered by the judge.

Contact the Law Office of Lyons & Associates

At Lyons & Associates, we bring a high level of personalized service and attention to men and women in New Jersey. To schedule an appointment, contact us online or call our office at 908-575-9777.


Filed Under: Child Custody, Child Visitation, Divorce, Family Law Tagged With: , , ,

Divorce Planning and Life Insurance Policies – What Steps Should You Take?

April 15, 2013 By

Family Law Legal Help in Somerville, New Jersey

>Most people associate the topic of divorce planning with issues such as alimony, child support and the division of a home, savings accounts and other marital property. A comprehensive divorce process, though, should also visit the questions of 1) should an existing life insurance policy be retained post-divorce? 2) should a life insurance policy be purchased to insure against the possibility of an early death by the spouse who will make support payments? 3) What life insurance policies may be needed to protect children of the divorce?

The New Jersey family law attorneys of Lyons & Associates in Somerville can help you identify and achieve life insurance goals relative to a divorce. For example:

  • If you and/or your family will be dependent on your former spouse, we can include life insurance expenses in negotiations.
  • If your former spouse is to be responsible for life insurance expenses, we can raise the possibility that you remain informed about the policy so that you can ensure that premium payments are met.
  • If you and your spouse have wealth held inside an existing life insurance policy, we can advocate for your rights regarding that wealth when marital assets are being divided.

At Lyons & Associates in Somerville we practice family and divorce law exclusively, and our attorney team includes skilled litigators, a lawyer who holds a master’s degree in social work and a certified mediator. We can aggressively pursue your full property rights while providing understanding and supportive representation. To contact us regarding any family law issue, please call 908-575-9777, or fill out our online intake form.


Filed Under: Divorce, Family Law Tagged With: , ,

Will My Marital Status Affect My Ability to Gain Custody of My Children?

April 10, 2013 By

Answering Family Law Questions
in Somerville, New Jersey

Child custody law in New Jersey is complex. A degree of confusion is natural regarding a pending custody dispute.

We can help. We are the family law attorneys of Lyons & Associates in Somerville. We have years of experience providing easy-to-understand answers to child custody questions in northern New Jersey.

One question we encounter quite frequently is whether a parent’s marital status will affect his or her rights in a child custody dispute.

We have a strong background in advocating for parents in a broad range of marital and relationship statuses, including:

  • Single parents
  • Parents in a domestic partnership
  • Parents who aren’t married
  • Parents in both short- and long-term marriages
  • Parents in long-term, unmarried relationships
  • Parents who have remarried

As a general rule, courts are more concerned about the best interests of your child than about your marital status. Factors that may “tip the scale” in a child custody dispute might include:

  • The ability of parents to provide a stable home
  • A parent’s relationship with the child
  • The needs of the child
  • The level of change needed for a child to move from one living arrangement to another
  • Whether or not a parent has a criminal record, record of domestic violence or substance abuse problem

Contact Lyons & Associates Today

The best way to learn about what you can do to affect the outcome of a child custody dispute is to contact a family law attorney and discuss your situation and concerns. The attorneys of Lyons & Associates can meet with you face to face and provide the information and assistance you need. To contact us, call 908-575-9777 or fill out our online intake form.


Filed Under: Child Custody, Family Law Tagged With: , ,

Why Should You Get Your House Appraised?

April 8, 2013 By

When filing for divorce, aside from parting ways with their spouse, a person may not immediately think of the financial repercussions that come along with going through with a divorce. In New Jersey, you need to be aware of not only how your marital property is going to be divided, but what the most effective way to do so is. At Lyons & Associates, P.C.,we specialize in matrimonial law and can help you manage the division of your assets.

One of the most common and valuable assets jointly owned by married couples is, of course, the marital home. Whether you are lucky enough to be one of the select homeowners to own your home outright or if your home is encumbered with a mortgage, it is of the utmost importance to determine an accurate value of how much your home is worth. This amount will determine how much equity is in your home, and subsequently how much you are entitled to via equitable distribution of that property.

There are many different ways to determine the current value of your home. None is more accurate than getting an appraisal from a certified professional. An appraisal is the estimation of a home’s market value by a licensed appraiser based on comparable recent sales of homes in the neighborhood. This is not to be confused with an assessment, which is conducted by a government employee who evaluates the value of the home to determine how much property tax the homeowner will pay.

Typically, property is determined at its “fair market value”, or what you would get for it if you sold it today. You want to make sure this number is as accurate as possible. In some if not all cases, that will require the use of a professional real estate appraiser, or else you run the risk of either under or over valuating your property, which could have a negative impact on the amount of money you will eventually receive via Equitable Distribution of your home. If you have any questions about home valuations or any other aspect of your divorce call one of our skilled attorneys at Lyons & Associates, P.C. today at 908-575-9777. You can also fill out our online intake form HERE.

Written by: William Lemega, Esq.


Filed Under: Divorce, Matrimonial Law, Property Settlements Tagged With: , , ,

The Legal Status of Same Sex Relationships

March 28, 2013 By

Currently, even in states where gay marriage is legal, gay divorce can be a complete legal nightmare. The laws and regulations governing same-sex divorce and dissolution of same-sex domestic partnerships and civil unions is in major flux, changing as quickly as laws concerning legalizing same-sex marriage, civil unions and domestic partnerships throughout the country. That is why having the right attorney is critical. At Lyons & Associates, P.C. we can walk you through the process.

This week the Supreme Court will hear case concerning the right of same sex couples to marry in California in Hollingsworth v. Perry; a case considering the constitutionality of California’s gay marriage ban known as Proposition 8. http://www.usnews.com/news/articles/2013/03/25/supreme-court-readies-for-gay-marriage-cases

The very next day, the Court will hear arguments in United States v. Windsor, which challenge the constitutionality of a section in the Defense of Marriage Act (DOMA). DOMA was passed by Congress and signed by President Clinton in 1996 and prohibits federal recognition of same-sex marriages. Both the First and Second Circuit Court of appeals have struck down a provision of the law (called Section 3) that denies federal benefits to same-sex couples who are legally married. Because of these lower court rulings, DOMA has been declared unconstitutional in some regions of the country but not others. In the case currently before the Court, the plaintiff, Edith Windsor, lived with her partner Thea Spyer in New York for more than four (4) decades. They finally married in 2007, and when Spyer died in 2009, she left Windsor her estate. Because DOMA didn’t recognize their marriage — even though the state of New York did — the IRS hit Windsor with $363,053 in estate taxes. Several states, including Texas, also have their own DOMA laws, further complicating the process.

To add to the confusion, some states which do not allow same-sex marriages, DO allow same-sex divorce! http://www.huffingtonpost.com/2012/05/18/same-sex-divorce-maryland-court_n_1527419.html.

Currently, New Jersey recognizes civil unions. New Jersey was one of the first states to implement a domestic partnerships scheme, after California, in 2003. New Jersey Legislature enacted the Domestic Partnership Act on January 12, 2004, which came into effect on July 10, 2004. The law made domestic partnerships available to all same-sex couples, as well as to different-sex couples aged 62 and older. The domestic partnership statute provided some limited healthcare, inheritance, property rights and other rights and obligations but did not approach the broad array of rights and obligations afforded to married couples. For example, the law required health and pension benefits only for state employees, it was voluntary for other employers, and it did not require family leave to care for an ill partners.

In 2006, the New Jersey Supreme Court in a four to three decision in the case of Lewis v. Harris, struck down the domestic partnership arrangement, and requested in that opinion that the legislature create a vehicle to ensure equality for same sex couples. In December of 2006, the New Jersey Legislature passed a bill providing for civil unions and recognizing other states’ civil unions.

Recently, a same-sex marriage bill was introduced to the New Jersey legislature but was defeated in the Senate on January 7, 2010. A similar bill passed both houses of the legislature in February 2012 but was vetoed by Governor Chris Christie.

Same-sex couples who enter into a civil union are provided almost all of the rights granted to married couples under New Jersey state law. However, under the provisions of the federal Defense of Marriage Act or DOMA, same-sex couples in marriages, civil unions, or domestic partnerships do not have any right or entitlement to the 1,138 rights that a married couple has under federal law. Defense of Marriage Act: Update to Prior Report, Letter to Senator Bill Frist. General Accounting Office. United States. January 23, 2004.

New Jersey will recognize same-sex marriages established under the nine states —Connecticut, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New York, Vermont, and Washington — that as of January 2013 have legalized same-sex marriage, representing 15.7% of the U.S. population.

This recognition is on a conditional basis whereby New Jersey both gives substantial effect to the Massachusetts relationships by providing all of the rights and obligations of marriage and comports with the intent of the New Jersey Legislature to provide those rights to same-sex couples through a civil union. Similarly, with respect to same-sex marriages formed under the laws of foreign nations, as “a general matter, the laws of one nation do not have force or effect beyond its borders.” Hennefeld v. Township of Montclair, 22 N.J. Tax 166, 178 (Tax 2005) (quoting In re. Kandu, 315 B.R. 123, 133 (Bankr. W.D. Wash. 2004)). Comity, however, permits States to give effect to foreign laws and laws of other states regarding same sex marriage. Recognizing same-sex marriages established in foreign nations and other states respects those laws and comports with New Jersey’s legislative decision regarding the provision of rights and obligations to same-sex couples.

On February 21, 2013 state Democratic leaders announced plans to hold a vote to override the governor’s 2012 veto. The legislation needs 3 additional votes in the Senate and 12 in the House. http://www.politickernj.com/63440/senate-and-assembly-hold-gay-marriage-veto-override-end-term-gusciora-says

Contact the Law Office of Lyons & Associates

If you are in a situation where you need to deal with the legalities of a same-sex divorce or dissolving a same-sex domestic partnership or civil union, we strongly encourage you to contact us at Lyons & Associates, P.C. either by filling out our online intake form or by calling our office at 908-575-9777. Our family law attorneys are familiar and current regarding laws affecting same-sex couples in New Jersey.

Written By: Jennifer Presti


Filed Under: Divorce, Divorce Mediation, Family Law, Same - Sex Couples Tagged With: , , , , , ,
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