A huge controversy in divorce and family over the past hew years here in New Jersey has been the fact that divorced patents are legally obligated to pay for college expenses for their children yet married folks are not. In my opinion as a lawyer who has practiced divorce and child custody law here in New Jersey for the past few decades, I feel another difficult topic for both attorneys and parents alike is payment of a child private school expenses. When my associate attorneys and I are explaining the law to our divorce clients, is sounds something like this. [Read more…] about When Is A Divorced Parent Responsible For The Costs Of Their Child’s Private High School or College?
Archives for 2015
When Getting Divorced, What Should I Expect During My Deposition?
A deposition is the testimony of a party or witness under oath. This is an essential aspect of discovery during a complicated divorce here in the State of New Jersey. Often a deposition is taken in an attorney’s office. At this time, your divorce lawyer will be with you along with your spouse and his attorney. A court reporter will administer the oath and record the questions and answers. A judge will not be present but may read or hear your answers later. During your deposition, the opposing attorney will ask the questions. Your lawyer has the right to ask questions, but may elect not to.
After the deposition, the court reporter will type the questions and answers and counsel for both parties will receive copies of the transcript; your attorney will, of course, send you a copy for your review. If your divorce leads to a trial, you will review this transcript numerous times beforehand.
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May A Judge Prevent Me From Having My Child’s Passport?
Yes. In certain child custody cases here in New Jersey, the attorneys at our law firm embrace that any judge of a New Jersey Family Court shall always take the best interests of the children over a parents desire to travel with them. Having said that, it is quite rare that a judge will interfere with a parent’s ability to travel with their child. However, the New Jersey lawyers at our law firm who handle only family law cases have had situations wherein there is a reasonable suspicion that one parent may attempt to kidnap the child under the pretext of a vacation.
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New Jersey Alimony and Spousal Support Lawyer
If you live in New Jersey and are getting a divorce, alimony is probably on your mind. Whether you think you are going to receive it, or have to pay it, more than likely, alimony will be a hotly debated issue in your divorce negotiation. Alimony, also called spousal support, is simply money paid from one ex-spouse to another once the divorce is final.
The purpose is so spouses, regardless of income levels, can enjoy a post-divorce lifestyle similar to the one enjoyed during the life of the marriage. Additionally, it is available so one spouse is not left financially destitute after staying home to care for the house and children while the other built a substantial career during the marriage.
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College Expenses: A Divorced Parent’s Duty To Contribute Towards The Same And Their Right To Be Kept Informed.
A hot topic in New Jersey divorce law over the past few years had involved payment of college tuition and related expenses by divorcing (or divorced) parents. As an attorney practicing here in New Jersey, it is my fervent opinion that most folks do not feel it is fair that divorced couples are “forced” to pay for their child’s college education yet married families have the “option” to do so. Moreover, many parents are compelled by Family Courts here in New Jersey to pay for college expenses even in situations in which the parent and child have been estranged from one another. Finally, there is the never-ending controversy of divorced parents keeping one another “in the loop” with respect to making decisions related to college expenses.
Must I Prove A “Change In Circumstances” To Reduce or End Alimony?
Yes, show a sufficient material change in circumstances that warrants a termination or reduction of the alimony obligation must be proven to a judge of a New Jersey Divorce Court. During my many years as a practicing divorce attorney here in New Jersey, the lawyers at our law firm how filed countless applications to reduce or terminate alimony on behalf of our clients (as well as defending them). The following analysis of this aspect of divorce and alimony law illuminates how a judge of the Family Part analyzes these types of cases. [Read more…] about Must I Prove A “Change In Circumstances” To Reduce or End Alimony?