Are you owed a significant sum of child support? Has the obligor of your child support recently received or is about to receive an inheritance? Unfortunately, parents may fall delinquent on their child support obligation for any number of reasons. The overdue payments that they owe are known as “arrears.”…
How does the court decide which parent gets custody? When parents cannot agree about issues concerning the custody of their minor children, the court will attempt to determine a custody arrangement that will be in the “best interest” of the children. This is typically accomplished after the court has reviewed…
At its essence, a marriage or civil union is essentially a contract. The term “contract” is defined under the law as an agreement between two (or more) parties that creates a legal obligation to do (or refrain from doing) a certain thing. Several elements must be present in order for a valid contract…
How are child support payments calculated in New Jersey? The State of New Jersey has established child support guidelines that are used in determining the amount of financial support that a parent should contribute to the care of his or her child. An “income-share” formula, which takes into consideration the…
In July, the New Jersey Senate passed a bill that would allow child support payments to automatically terminate once a child turns 19. Despite the proposed alterations in child support obligations, S1046 would allow such support payments to continue by court order in certain circumstances. For example, a parent or…
If you and your children’s other parent are not living together, you will likely find yourself having to address the issue of child support. In the State of New Jersey, while many things in life may not be certain, it is fairly well established under New Jersey Law that both…
A family court’s findings will typically be upheld as long as they are supported by adequate credible evidence. In Rubino v. Rubino, a New Jersey couple with two children divorced in 2006. At the time, the couple entered into a property settlement agreement (“PSA”) that was incorporated into their final…
In New Jersey, an alimony or child support order may be modified based on permanently changed circumstances. When the facts are disputed by the former spouses, a court may choose to order a plenary, or evidentiary, hearing. In Galante v. Galante, a married couple with three children divorced in 2011.…
A long-running battle involving a couple who divorced in New Jersey likely ended recently as courts in Florida and Montana wrapped up cases there involving issues related to the couple’s divorce. The rulings forced the husband to return to New Jersey to litigate his claims that the wife mismanaged a…
In a recent New Jersey family law case, a divorced man tried to compel a paternity test to determine whether or not he was the father of his ex-wife’s children. Although he once had an opportunity to file a motion to verify the children’s parentage in the past, he waived…