One basis for reduction in New Jersey child support is the occurrence of a change in financial circumstances of either party. Accordingly, clients who seek a reduction of their child support obligation will reasonably ask whether that the reduction can date back to the date in which the changed circumstance commenced. For example, the applicant losing his/her job, the payee spouse’s significant increase in income, disability, and many other reasons.
Archives for 2018
New Jersey Divorce Laws, The Best Interests of Children & Parent’s Ability to “Move On.”
In my vast experience practicing as a divorce and family law attorney here in New Jersey, I have watched the law develop consistent with changes in our culture. Today we shall discuss the issue of one parent having their new “significant other” in the presence of the children.
The first significant case in this regard, DeVita v. DeVita, dates back to the 1970s. This case upheld a term in the parents’ divorce settlement that the father’s new girlfriend could not spend the night while he had parenting time with his children based upon unproven worries about the “moral welfare” of the children. It is important to note that, at that time, the divorce rate was significantly less than today. Therefore, the Court’s decision reflected our society’s “norms and mores” of that generation.
How Important Is a History Of Domestic Violence When Seeking A Final Restraining Order?
Very important. It is imperative that your lawyer demonstrates to a judge of a New Jersey Family Court that, along with domestic violence being proven on the date in question, your attorney should also prove a history of domestic violence. As per New Jersey law, the court must also consider previous acts of domestic violence by the defendant against the victim when deciding whether a final restraining order is necessary in order to protect the victim. [Read more…] about How Important Is a History Of Domestic Violence When Seeking A Final Restraining Order?
Virtual Parenting Time? Better than the old days.
I am proud to say that back when I opened my New Jersey Divorce Law Firm back in 1996, I was one of the first lawyers in the country who understood that the Internet would be revolutionary. Therefore, I have represented clients not only all over the United States of America but also internationally for nearly 20 years. As a experienced New Jersey Divorce Attorney with an understanding of technology, I have enhanced many of my client’s “parenting time” with their children. Now, with the advent of Skype and Apple’s Face Time I fight for language in our New Jersey Custody agreements even when the parties live in N.J.
[Read more…] about Virtual Parenting Time? Better than the old days.
Harassment, New Jersey and Temporary Restraining Orders; Another Example
As I have discussed in the past, in my twenty years as a family law attorney handling restraining order cases, harassment issues are the most difficult for both lawyers and New Jersey Family Court judges to handle. When an assault occurs, it is highly likely that the temporary restraining order. However, in a domestic violence trial in which harassment is the allegation, the difference between a N.J. family judge grating a final restraining order versus dismissing the temporary restraining order is tremendously fact sensitive. The very recent case of M.J.P. v. J.P., cemented the high level of deference an appellate court will afford to a trial court’s fact finding.
[Read more…] about Harassment, New Jersey and Temporary Restraining Orders; Another Example
How Is Supplemental Child Support Determined When The Parents’ Incomes Surpass The Maximum As Per New Jersey’s Child Support Guidelines?
In Isaacson v. Isaacson, the parties were married for twelve years. The parties had two daughters born of the marriage, Rebecca and Sara. The parties were divorced on January 22, 1996. The judgment of divorce included a property settlement agreement, which laid out essential terms of the divorce, such as custody, child support, and alimony. The agreement stated that the parties would share legal custody of their daughters, meaning they would both make important decisions regarding the children, such as educational and health decisions. The agreement also stated that the mother would be the parent of primary residence, meaning the children would primarily live with the mother. The father was required to pay the mother alimony in the amount of $2,600 per month until the last payment was made on November 1, 1999. The father agreed to pay $1,200 per month in child support, as well as pay for the children’s summer camp and unreimbursed medical expenses. Additionally, the father agreed to pay an extra $800 per month toward the girls’ school tuition for in 1996 and 1997, and the payments after 1997 were to be negotiated. [Read more…] about How Is Supplemental Child Support Determined When The Parents’ Incomes Surpass The Maximum As Per New Jersey’s Child Support Guidelines?