As a practicing New Jersey divorce attorney, I deal with divorcing couples on a daily basis and the majority of those cases involve children. When a divorce case involves a child, it will inevitably also involve the issue of college and the allocation of responsibility for the costs associated with same. Unfortunately, some relationships between a parent and a child break down to the point where one party may not be in the loop as to the college selection process or the costs associated with the child attendance at a particular school. Often, this leads to a lawyer’s involvement, even when the divorce has been finalized years ago at a New Jersey Family Court. What is a parent’s obligation to contribute towards college in such a situation? Does the child have to take out loans, etc. to help subsidize these costs?
Archives for 2019
When Are Assets “Valued” In A Divorce?
In New Jersey, pursuant to Painter v. Painter, the Supreme Court of New Jersey explained that the period of acquisition for property eligible for equitable distribution terminates upon the date the complaint for divorce is filed. Therefore, the lawyers at my divorce law firm understand that the “filing” of the Complaint of Divorce in the Family Part of the Superior Court of New Jersey is very important, even though the divorce has not yet been concluded.
Can Alimony Be Increased?
Yes. Pursuant to New Jersey alimony law, alimony may be increased (or decreased) under certain circumstances. The lawyers at our office often handle cases involving modification of alimony payments that almost always commence after the Final Judgment of Divorce has been entered. While alimony modification cases are always challenging for even an experienced divorce attorney, if your lawyer can show a change of circumstances (along with the required evidence) alimony payments can be increased in the state of New Jersey.
Why Restraining Order Cases Involving Harassment In New Jersey Are So Difficult For Family Judges To Resolve
As a family law attorney, there is no question in my mind that domestic violence cases regarding harassment are often the most difficult for New Jersey Family Part judges to determine if a temporary restraining order should be converted to a final restraining order. The lawyers at my law firm and I just reviewed the recent case of J.S. v. C.H. the New Jersey Appellate Division reviewed a restraining order against a former boyfriend who threatened to post private videos of his ex-girlfriend on the internet. The court found that while a domestic violence crime would justify a restraining order, the boyfriend’s threats did not amount to criminal harassment. Following please find the facts of the case as well as the Court’s logic in coming to a decision.
Does Alimony Automatically End If My Ex-Spouse Is Living with Someone?
No. In fact, the only time, pursuant to New Jersey’s alimony laws, that cohabitation of the person receiving alimony may automatically terminate the payor’s obligation to make these payments would be if your lawyer successfully fought to have an “automatic cohabitation alimony termination” clause placed into your Property Settlement Agreement. This is why it is essential that you hire an attorney who only handles divorce and alimony matters. Our East Brunswick, New Jersey law firm concentrates solely on divorce and family law matters. Below is this attorney’s take on a recent New Jersey appellate case in which analyzes how a court evaluates cohabitation and alimony termination or reduction motions. [Read more…] about Does Alimony Automatically End If My Ex-Spouse Is Living with Someone?
In New Jersey At What Age May My Child Have A Say Regarding Child Custody and Parenting Time?
In most New Jersey child custody situations, the non-custodial parent (also know as the “Parent of Alternative Residence”) enjoys parenting time. Typically I have found as a child custody and divorce lawyer that the only time that the non-custodial parent does not have parenting time is when it would not be in the best interests of the child. Usually, this means that the non-custodial parent suffers from a substance abuse problem or has a history of gross negligence of the child when in their care.