On February 1, 2017, the New Jersey child support statute “Termination of Obligation to Pay Child Support” went into effect. Governor Chris Christie signed the statute into law on January 19, 2016 and the new statute will affect all orders issued before and after the February 1 effective date. A child’s 18th birthday is considered the legal age […]
If a Restraining Order is filed against you, the police may confiscate any type of weapon or weapons that may cause harm or bodily injury to the alleged victim, including but not limited to firearms or your Firearms Purchaser Identification Card and Carry Permit. In fact, the Prevention of Domestic Violence Act requires the police to seize […]
The old saying, “My dog ate my homework” may work for a child, but in the Court’s eyes, it may not suffice when it comes to a parent’s responsibility to assist his or her child with homework during the school week. In the recent unpublished trial court opinion M.C. v. P.C., 2016 N.J.Super, Unpub. LEXIS 2594, […]
An annulment is an action that negates a marriage. Unlike a divorce, whereby there is a record of the marriage, an annulment treats a marriage like it never happened. Many people simply feel uncomfortable about being labeled as “divorced,” and prefer to start with a clean slate—theoretically erasing their past. Many people believe that their religion prohibits them […]
A parent is said to have physical custody when he or she has actual, physical custody of marital children on a day-to-day basis. In other words, the child and parent live together. Legal custody is a concept that is separate and distinct from physical custody. The parent with legal custody has the legal right to make important […]
When the children of divorce are in their infant or toddler years, mothers often worry that joint custody arrangements will have a negative effect on their bonds with the children. According to a new study conducted by Arizona State University, young infants and toddlers benefit most when time is shared equally between mother and father. The study’s authors […]
Presented by Josh Murray For many couples, retirement assets represent a significant portion of net worth. During a divorce, most couples divide the benefits available in their employer retirement plans and the money they invested in their individual retirement accounts. Court-ordered division of assets The rules for splitting accounts are unique to each type of retirement account, […]
In New Jersey if an order for child support payable through the New Jersey probation department, but is not being enforced because your ex lives out of state, you could seek to have child support enforced by the New Jersey probation department through the Uniform Interstate Family Support Act or (UIFSA). Enforcing a New Jersey child support […]
When seeking a modification of a current custody or parenting time arrangement, whether you are the one seeking it or if it is the other parent, it is important to understand the potential hurdles the filing party will have to overcome before a Court will actually effectuate any type of requested change to the schedule that is already […]
A very common and valid concern that many women have after the Complaint for Divorce is filed is how, as the lower earning spouse, they will support themselves and their children while the divorce is ongoing. To remedy their valid concern, their matrimonial attorney will file a Motion for Pendente Lite support. This Motion, when granted by the Judge, […]
