Often divorce means a couple is moving on with their lives. And sometimes it can literally mean moving – for the individual parents and the child(ren). How does relocating and distance affect child custody in the wake of a divorce? Here’s what New Jersey law has to say.
The NJ alimony statute, effective September 10, 2014, addresses the issue of termination of alimony in light of a payor’s retirement. The new NJ Alimony Reform Retirement allows a person to make an application based upon prospective retirement; whereas, the prior law required actual retirement. In addition, there is now a rebuttal presumption that alimony ends when the person who is paying alimony reaches retirement age. The presumption may be overcome upon consideration of the following factors and for good cause.
Many cases require qualified experts to give opinions addressing any relevant issue in a divorce action. Experts are routinely engaged and render opinions as to custody, visitation, employability, disability, valuation of real estate, business interests, retirement benefits, pensions, etc.
New Jersey has publicized guidelines for the Court’s use in determining the amount of child support after a divorce. As a result, the Family Part judges set child support in a uniform fashion throughout the state. The theory behind these guidelines is that parents at different income levels spend a certain percentage of their combined incomes or a specific amount of money toward raising their child(ren). The statistics were generated by socio-economic studies. The Court may modify or disregard the guidelines only when good cause is shown or otherwise provided.
New Jersey is in the minority of states that grant the Judge discretion to require divorced or separated parents to pay for their children’s college education. The public policy and social goal of the Family Court is to encourage the higher education and ultimate success of children. Divorce or separation of parents should not preclude a child’s education or training. If a child has the ability and inclination to seek higher education the parents are usually required to contribute if they are financially able.
Alimony is monetary support of one spouse by another in the wake of a divorce. It is decided upon by the New Jersey Court and their decision is guided by New Jersey’s alimony laws.
In 2014, New Jersey’s new alimony law passed. This new statute is very different from the old law. Under the new statute, New Jersey permits four types of alimony: open duration alimony, limited duration alimony, rehabilitative alimony, reimbursement alimony or a combination. In order to determine alimony, the Court considers the following:
Bringing children into a divorce adds to the complexity and emotional toll already imposed on the separating couple. However, once you know the facts and see your options it won’t look nearly as daunting.
There are many types of custody arrangements created by parents and recognized by New Jersey Courts. While there is lots of room for variation in specific cases, the basic premise is simple. Custody is a two-tiered concept.
The term family lawyer can mean one of two things. First, a family lawyer is an attorney who practices, unsurprisingly, family law.
Is your child struggling at school? Do you believe the school system is meeting your child’s educational needs? Did you know the school has an obligation to meet those needs? We can help.
As a landlord, you have an expectation that the tenant will pay their rent on time. Often times it is imperative that the tenant do so in order for you, as owner of the rental, to pay the mortgage and/or taxes on that property.
What can you do if your tenant continuously pays their rent after the due date? Can you evict them for violation of the lease terms? The answer is yes.