MEETING OPTIONS DURING THE CORONAVIRUS: The Law Offices of Peter Van Aulen understands your concerns regarding the spread of the Coronavirus, and now offers different meeting options to our clients and those seeking legal representation. All meetings, including initial consultations, can be handled either through the phone, FaceTime, Zoom, or in person.

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What are the different types of alimony in NJ?

There is Open Durational Alimony (replaced permanent alimony in the amended statute and applies to marriages twenty years or more), Rehabilitative Alimony (granted to a litigant for a short term to assist them to become financially self-sufficient through education and training), Limited Duration Alimony (granted to a litigant for a period of time in which it would practically take them to improve their earning ability to a point where Limited Duration Alimony is no longer appropriate), Reimbursement Alimony (granted to a litigant who supported the other litigant achieve his or her education and they expected to benefit from the earning ability produced by that education) and Pendente Lite Alimony (temporary support paid during the of the divorce litigation). Continue Reading →

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Definition of Emancipation of a Child

Emancipation is the legal act of a minor becoming free from the custody and control of a parent or guardian. Likewise, the parent or guardian is free from responsibility toward the child.

Emancipation does not automatically occur when a child has reached 18 years of age, as many people believe. In fact, in New Jersey it typically occurs much later for reasons we will discuss below.

Child Support – When Is it Terminated?

In most instances we use the term ‘emancipated’ when discussing the termination of child support payments. At the outset it’s important to understand that in New Jersey child support payments do not automatically end when a child reaches 18.

How is a Child Emancipated?

Since there is no set age at which a child is automatically emancipated in New Jersey, emancipation can occur in two different ways. The parents divorce settlement agreement can specify when emancipation will occur. If not provided for in the settlement agreement, a court will declare a child emancipated if it determines that the child is outside the ‘sphere of influence’ of the parents. Determining whether a child is outside the ‘sphere of influence’ is fact sensitive, but generally means that the child lives independently, without depending on the parents for support. Continue Reading →

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NJ Child support obligations are extremely serious, not just because it goes to give the child food, clothing and shelter, but because the consequences for failing to pay support can have serious impact on the payor’s life.

MECHANISMS TO ENFORCE PAYMENT AND PENALTIES FOR NON-PAYMENT

  • The court can give you a judgment on arrears calculated by the court. Filing this judgment places a lien on any real property of the payor and shows up on credit reports. If the real property is sold, your lien must be paid in full.
  • Garnish payor’s paycheck, meaning that the child support is automatically taken out of the paycheck for you.
  • If the payor does not appear at a court hearing for enforcement of NJ child support, a bench warrant can be issued and the payor can be put in jail. This incarceration can be done on work release, or without work release. This could also result in the payor’s driver’s license being suspended. Incarceration does not eliminate the child support that is due or becomes due.
  • When an arrearage in child support is over $2,500, the payor can be denied issuance or renewal of a passport.
  • The court can execute against the payor’s assets based on a judgment for arrears. This includes include bank accounts and other assets.
  • If more than $100 is owed in arrears, this can be reported to credit bureaus and will impact the payor’s credit worthiness.
  • Tax refunds and homestead rebates can be taken to apply toward arrears in excess of $500, though in public assistance cases the amount is $150.
  • If the payor has failed to pay child support for six months or more, they can have their driver’s license, professional license and recreational licenses suspended.
  • Lottery winnings of $600 or more can be seized if the payor owes $1,000 or more in child support arrears.
  • Levies can be placed against workers’ compensation and insurance claims of the payor.
  • Project Save Our Children: A federal program that assesses misdemeanor or felony charges for non-payment of child support under the following circumstances:
  • Refusing to pay child support for a year or more
  • Traveling to another state to avoid payment of child support obligations
  • Owing $5,000 or more in child support

Continue Reading →

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New Jersey Child Support Guidelines are extremely complicated, put together in about a hundred pages of principles, standards and considerations. The schedule of child support obligations, which is one of many appendices to the statute, is merely a starting point in determining parents’ child support obligation. The premise underlying the lengthy list of considerations for calculation of child support is that both parents have an obligation to support their child.

As one would expect, child support starts with a calculation of both parents combined net income. This includes regular income, pensions, retirements, interest, disability, basically, income from absolutely all sources. When you deal with a regular paycheck every week, and nothing more, the determination of combined net income is simple. But where there are numerous sources of income or self-employment, there are certain expenses used as deductions to that income to determine the net income. Gross, of course, is all income received prior to reducing it by taxes and certain allowable expenses. Net income is the amount after those deductions.

WHAT BASIC NJ CHILD SUPPORT IS SUPPOSED TO PAY

The purpose of child support is to pay certain of the child’s expenses, not the expenses of either parent. The basics include:

  • Food
  • Clothing
  • Shelter
  • Entertainment
  • Unreimbursed healthcare expenses up to $250 annually per child
  • Transportation costs
  • Various other items

Continue Reading →

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College expenses cause financial difficulty for most families, but they can be especially burdensome for families with divorced parents, where the parent’s income supports two households. Even still, New Jersey Courts regularly require divorced or separated parents to contribute to the cost of a child’s college expenses.

The Newburgh Factors: Contribution to College Costs and Divorce in NJ

In determining whether and how much a parent must contribute to his or her child’s higher education, the court will look at a number of factors. A New Jersey Supreme Court decision, Newburgh v. Arrigo provides the framework for determining how much a parent must contribute. A judge will consider the so-called  “Newburgh Factors” listed below to determine the extent of a parent’s financial contribution to a child’s college education:

  • Whether a party, if not separated, would have given to the cost of the student’s requested higher education
  • The result of the values, goals, and background of the parent on the reasonableness of the expectation of the student receiving a higher education
  • The amount of the funding demanded of the parent by the student
  • The parent’s ability to pay the requested contribution
  • If the demanded contribution relates to the type of school or course of study desired by the student
  • The parties’ monetary means
  • The student’s commitment to and ability for the demanded higher education
  • The financial means of the student, including any assess being held in trust for his or her benefit
  • The student’s capability to make income during vacation breaks or the academic year
  • The student’s capability to obtain monetary aid in the form of loans or grants
  • The student’s connection to the parent being asked to contribute. This includes whether there is mutual fondness and shared goals between the student and the paying parent and if the student is responsive to the paying parent’s instruction and direction
  • The connection of the education demanded to any prior training and to the student’s long-term objectives

Continue Reading →

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There are two types of divorces in New Jersey, what is often called a “no-fault” divorce and divorces that are based on fault which is a specialized wrong doing of one or both parties. For both types, there are certain requirements such as your being a resident of New Jersey for a year prior to filing, unless your grounds for divorce are adultery.

NJ DIVORCE LAWS: IRRECONCILABLE DIFFERENCES, OFTEN CALLED “NO-FAULT” DIVORCE

In legal terms, no-fault divorce is quite new, having been enacted in New Jersey in 2007. No-fault is the kinder and gentler way of divorcing because it eliminates the need to make accusations against one another or blame each other for the disintegration of the marriage.

Do not confuse “no-fault divorce” with an uncontested divorce where all issues on all matters are settled before a divorce action begins. No-fault only eliminates a “fight” over obtaining the divorce itself. It does not change anything with regard to child support, child custody, alimony or distributing property and debt in the divorce action. As to those issues, there is no difference between fault and no-fault divorce.

In order to obtain a no-fault divorce, you must allege that:

  • There are irreconcilable differences that have caused a breakdown of the marriage for six months;
  • It appears that the marriage should be dissolved, and
  • There is no reasonable chance for reconciliation between the spouses.

Continue Reading →

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When parents decide to change their child’s last name and are in agreement, the process of the name change is quite simple. That is not the topic of this blog. Rather, the topic is what to do and what happens when the parents cannot come to agreement and the court makes the ultimate decision on your child’s last name.

New Jersey Courts apply a standard set of factors to name change cases regardless of whether or not the parties were ever married. In addition to those factors, the court applies additional standards if the parties never were and are not now married, giving preference to the name choice of the parent with whom the child primarily resides.

IN ALL CASES, NEW JERSEY COURTS APPLY THE FOLLOWING FACTORS

  • How long has the child used his or her current surname.
  • The child’s identification as a family member or as part of a family unit;
  • Whether the child will experience any potential anxiety, embarrassment or discomfort if the child and custodial parent have different surnames. This is only considered for the parent given a presumption of surname. See below for details on presumption;
  • The child’s preference, in the event he or she is old enough to express a preference;
  • The court’s application of any additional factors it chooses to consider.

Continue Reading →

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Do I have to be separated from my spouse for a certain period of time to file for a divorce in New Jersey?

No. New Jersey in 2007 enacted a no-fault divorce statute. Under said statue you do not need cause or to be separated to file for a divorce in New Jersey.

What is a New Jersey no-fault divorce is based on?

New Jersey no-fault divorce is based on irreconcilable differences. The requirements for a divorce based on irreconcilable differences are as follows:

-Irreconcilable differences existed for at least six months (you do not have to be separated for six months) which caused a breakdown of the marriage.

-No reasonable chance of reconciliation exists and it appears the marriage should be dissolved.divorce

How is a New Jersey divorce started?

A spouse files a complaint in New Jersey Superior Court for . The filing spouse is called the plaintiff. The plaintiff then has the complaint with a summons served upon the other spouse who is called the defendant. The defendant has 35 days to file an Answer, Answer with Counterclaim or Notice of Appearance.

What happens if I do not answer the NJ divorce complaint after service?

The plaintiff then can file to put you in default. Once you are in default your participation in the divorce process is very limited. Your spouse might get everything they want and your rights might not be protected. Continue Reading →

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Under New Jersey law parents have a duty to support their children financially. At the time of divorce, if the couple has children, a judge will most likely grant one spouse child support. The amount of New Jersey child support decided upon at the time of divorce may not be a realistic amount in the future.

Income changes, illnesses, and growing families are just a few examples of circumstances that may make a child support amount unfeasible for a supporting parent. Additionally, changes in the amount of financial support that a child needs may also necessitate a modification of child support. If a married couple divorces when a child is young, the support that child needs may be very different when the child is a teenager.

Typical New Jersey Child Support Modifications

In an ideal world parents would be able to agree upon the amount of support required for their child and be willing and able to pay that amount. In reality, it can be difficult to determine how much support the child needs, and it can also be difficult to determine how much a parent can afford to pay.

Therefore, parents may wish to modify their NJ child support agreements from time to time. In doing so, the parent wishing to modify the child support order must show “changed circumstances” that merit a change. Common examples of situations meriting a modification of child support include a change in the either parent’s income or financial situation, an increase in the cost of living, or an illness or disability. The parent that wishes to modify the order has the burden to prove to the court’s satisfaction that the change in circumstance warrants a modification to the child support payments, and in determining if a modification is appropriate, a judge may order financial disclosures of both parents.  Courts typically do not approve modifications where the change in circumstance is temporary. Continue Reading →

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Questions often arise upon divorce regarding whether having a new significant other in the presence of the child is appropriate. Over the past four decades New Jersey courts have evolved on this issue. The leading cases are discussed below.

DeVita

DeVita is a 1976 New Jersey case that discusses the contact that a child may have with a parent’s new significant other.In DeVita, a father appealed his divorce judgment that prevented him from having a female companion stay overnight in the same home as his children when they visited him. The evidence presented showed that the two adults slept in separate bedrooms with their respective children and that nothing improper occurred during the overnight visit. Still, the court found that the restriction on overnight companions was enforceable in this case, based on the “moral welfare” of the children possibly being compromised. Continue Reading →

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