Yes. In a recent case reviewed by the attorneys at our law firm, a parent of a child with cerebral palsy and other disabilities was ordered by a judge of the Family Part, Superior Court of New Jersey that the child was not emancipated, even though they had reached 23 years of age. This is because the judge determined that the child support is required to be paid as it is clear that the child will never be able to care for themselves even as they enter adulthood. The lawyers at our law firm applaud all New Jersey Family Court decisions in which the child’s welfare is placed first and foremost.
Archives for 2019
How Important Is The Memorandum of Understanding After Divorce Mediation?
Under New Jersey law this document can be of the utmost importance in a situation in which the parties resolve issues pertaining to their divorce during mediation. This results in your divorce mediator generating a Memorandum of Understanding (“MOU”) for each spouse to take to their own divorce attorney of their choosing in order to review the documents to ensure that a seasoned divorce lawyer explains all aspects of the MOU and whether or not it is a fair and equitable one. Upon moving forward your attorney shall then draft what becomes your official divorce decree (Matrimonial Settlement Agreement (as it is known here in New Jersey as an MSA). So what happens if the MOU is not consistent with the MSA?
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Who Should Handle The Driving During Parenting Time or Visitation?
Our law firm’s lawyers always strive for fairness when it comes to responsibility of transportation when two parents are co-parenting their child with two different homes. Therefore, our attorneys, as well as the judges of New Jersey Family Courts, promote an equitable sharing of the driving as well as schooling and extra-curricular activities. The following case is this lawyer’s take on a recent New Jersey Appellate Division decision that explains how a court handles transportation and driving during parenting time (also known as visitation in older divorce decrees).
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How Are Unvested Stock Options Considered In a New Jersey Divorce?
It depends upon the case. The lawyers at our law firm appreciate that the first requirement that a judge of the Family Part, Superior Court of New Jersey is to determine is if whether the stock options were given for efforts before, during, or after the marriage. In making this determination, our attorneys help the divorce judge to identify the reasons for which the options were given. Furthermore, a judge of any New Jersey Family Court may consult the employee’s stock option plan, testimony from the employee, or testimony from an expert witness.
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Can A Court Punish Me If I Have Failed To Provide Documents Requested By The Other Lawyer In My Divorce?
Yes. The lawyers at our law firm always advise our divorce clients to be sure to comply with all “discovery” requests made by the other divorce attorney in your case. Now ultimately as attorneys we shall determine whether or not you shall not have to comply with any and all discovery requests (and then your lawyer shall file a motion with a New Jersey Divorce Court to explain why we do not feel you are required). But absent one of our attorneys advising you otherwise, all discovery request must be complied with, ranging from Case Information Statements, bank records, the appraisal or sale of the former marital home as well as cooperation with experts such as a forensic accountant who is evaluating a business that is part of your divorce.
Can Child Support Be Agreed To Between The Parents In New Jersey?
Yes, provided it is not less than New Jersey Child Support Guidelines allows for under the law. In other words, the lawyers at our East Brunswick, New Jersey law firm understand that while the parents of a child may agree to pay more than New Jersey child support laws call for, but never less as this would unfair to the child to a judge of the Superior Court of New Jersey. It is also important to note that your attorney should be sure to explain all aspects of child support before making a decision to consent to child support, in order to end=sure neither your child (or you) is paying more or less than appropriate.
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