As a New Jersey divorce lawyer since 1995, I understand that many folks, after the fact, feel that they were “under duress” when they entered into their Property (or Matrimonial) Settlement Agreement. In fact, this is why your attorney (of the Judge) will specifically ask while conducting your uncontested hearing, “Has anyone forced or coerced you into entering into this agreement.” Essentially, it has been my experience that many folks feel that they are entering into their divorce agreement at a New Jersey Family Court House under pressure. Then later, after the dust settles, the individual feels that they were “forced” to make a deal. As an attorney who is divorced myself, I understand how this feels. Simply put, between the high emotions, broken dreams and growing legal fees, there is inevitably a degree of pressure when making a global settlement in your divorce. In other words, as an lawyer I have always found it to be effective to explain to my clients that, “you know you have a fair deal when everyone walks away equally unhappy.” [Read more…] about If I Was Under Duress When I Signed My N.J. Divorce Agreement, Can I Have It Overturned?
Archives for 2012
If My Child Support Covers More Than One Child, What Happens When The Oldest Child Is Emancipated?
The emancipation of one child is a “change of circumstances” which allows a New Jersey Family Court to revisit and change the original child support amount when the amount is for more than one child. The child support lawyers at our law firm here in New Jersey have helped many clients with a child support amount that covers multiple children without allocating how much money is for each specific child.. In Harrington v. Harrington, the Honorable Judge Jones of the Superior Court of New Jersey, Family Part of New Jersey reviewed a case relating to the retroactive emancipation and the modification of a previous court-ordered child support obligation that was unallocated, as the parents had multiple children. Judge Jones held that when a child becomes emancipated and there are multiple other children also covered under an unallocated child support obligation, that same emancipation is valid change of circumstance, that either parent can base a motion for review and modification of the existing unallocated child support order on. [Read more…] about If My Child Support Covers More Than One Child, What Happens When The Oldest Child Is Emancipated?
If My Divorce Agreement Says I Shall Pay For 50% Of College Costs, Does That Stand If Our Child Seeks Student Loans?
Yes. The divorce lawyers at our law firm here in East Brunswick, New Jersey, always make it unequivocally clear to our clients that once they sign a Property Settlement Agreement, they should expect to comply with those terms, absent later demonstrating a significant change of circumstances to a New Jersey Family Court judge. Following is this attorney’s analysis of a recent New Jersey case discussing that, if a person agrees to pay fifty percent of college costs for their child in their Property Settlement Agreement, they are obligated to do exactly that. [Read more…] about If My Divorce Agreement Says I Shall Pay For 50% Of College Costs, Does That Stand If Our Child Seeks Student Loans?