Blog Posts in November, 2017

Bisbing v. Bisbing - New Guidance on Relocation

Child custody orders are crafted based on what is in the best interest of the child or children. However, as every parent knows, what is best today for a child could very well change next week, next month, or next year. When situations change, a parent can file a request to modify the custody order to reflect what is best for the child under the current situation. One common way this happens is ...

E.S. v. H.A. - Self-Incrimination and Custody

Custody orders can be quite complicated and involve lots of different types of conditions to visitation. These conditions can range from a parent only receiving visitation if he or she picks up the children from a certain location to a parent only receiving visitation after providing notice to only receiving visitation if he or she completes some sort of alcohol or drug treatment program. These ...

What is the Proper Forum?

Most people have heard of the concept of “jurisdiction.” Jurisdiction means that the court has the power to make decisions about the subject matter and the parties in a particular law suit. Fewer people are acquainted with the concept of “forum.” In the context of a divorce, the proper forum to bring a divorce will be the county where the parties reside. This sounds simple, but can actually become ...

Unreasonable Support Demands

The end of any marriage means a new financial arrangement for both spouses. Both spouses will have to rearrange their finances and change their budgets to reflect the new reality of living in two households with two sets of financial obligations. Divorce is a financially difficult time and if one spouse is financially disadvantaged by virtue of a much lower or non-existent income, he or she may ...

When to Fight for a Shared Parenting Agreement

Few issues in a divorce are as contentious as that of custody of the marital children. Parents just want what is best for their children, but they can have very different ideas on what will be the custody or visitation schedule that will be in the children’s best interest. As a result, parents will sometimes fight all the way to trial about how the child’s schedule should look after the divorce. ...

Death of a Custodial Parent

Every parent wants nothing more than to be there for his or her children as long as possible. For most of us, that means being there well after the child is over the age of eighteen and legally able to care for him or herself. Unfortunately, there are cases when parents pass away while the children are still minors. When parents are still married or living together, while it is clearly a tragic ...

Avoiding Common Settlement Mistakes

In today’s court system, most family law cases end with a settlement agreement. This includes not only divorces, but post-divorce modifications, custody cases, child support issues, spousal support modifications, and any of the other myriad issues involved in family law. Settlement can be a very advantageous conclusion to both parties. It lets both parties tailor-make solutions for their issues ...

Documents to Gather Before Filing for Divorce

Filing for divorce is a very tough decision. Few events in a person’s life will become such a watershed moment. Everything will now be defined as "before" and "after" the event. With it being such a crucial step and crucial time, it is accordingly crucial to make sure you are properly prepared before you take that big step. Emotional and financial steps are important in this process, but there are ...

Teenagers and Visitation

Parenting is a challenge. This is particularly true for teenagers. Parents often struggle with helping to guide a teenager to develop while still allowing him or her the appropriate amount of independence. Divorce and custody disputes can only complicate this struggle. A common scenario that arises in these cases is when a teenager refuses to attend court-ordered visitation with the non-custodial ...

Dividing a Medical Practice in Divorce

At the conclusion of a divorce, a judge will make an equitable division of the spouse’s marital property and marital debt. Equitable does not always mean equal, but it often does. Assets acquired during the marriage are almost always marital assets, meaning that each party will receive his or her equitable share. This is true even in the case where on parent did not directly contribute to that ...

Co-Parenting and Emergency Planning

Separation and divorce mean that parents will have to learn to communicate and coordinate parenting efforts in an entirely new way. Co-parenting is essential to your child’s well-being in the long run, and the efforts each parent make toward successful co-parenting will be taken into account by the court when making a custody and visitation determination. While parents often remember to discuss ...

Child Support Changes if You Have Another Child

After a divorce or separation, it is quite common for one or both parents to move on and start a new relationship. In many cases, this could mean more children. Another child can profoundly change the family dynamic and will require shifting around financial resources in order to accommodate the new baby. The child support calculation in New Jersey recognizes that a new child will require ...

Common Financial Mistakes in Divorce

Divorce can quite often be an enormous financial burden for both spouses. It can be a very financially trying time when spouses have to divide households and divide expenses. Going from a double income household to a single income household can really stretch resources. There are some common financial mistakes that divorcing couples will often commit that you should be careful to avoid. First is ...

Do I Need a Pre-Nup?

The beginning of a marriage is an exciting time. The couple will start building their future together, typically combining resources and making future financial and life decisions together. Of course, during this happy and hopeful time, no one likes to think about what will happen if the relationship does not work out. Although a pre-nuptial agreement can be an excellent way to protect yourself in ...

What to Do if You're Behind in Child Support?

Child support is an essential element of any divorce action involving children. Courts will look to the statutory factors established in the New Jersey family code to determine the amount of support to be paid by the non-custodial parent to the custodial parent. There are many factors that go into determining the exact amount of support, each laid out by the New Jersey statutes. Sometimes, the ...

How Will the Court Deal with My Spouse's Infidelity?

Divorce is not an event planned by any couple. No one starts a marriage with the thought that one day the relationship will disintegrate. The unfortunately reality is that sometimes relationships do not work out, and adultery can often be the cause of this break down. Adultery is a common reason for divorce, and the way adultery is dealt with through the courts is an important issue to understand ...

When Do I Need the Court's Permission to Move?

The only thing that we can all count on to be a constant in our lives is change. After a divorce or custody action, there are many changes that will happen for the parents and the children as everyone settles into the new “normal” of having two different households. In some situations, after time passes, it may be that one of the parents needs to relocate to a new city or state. Parents wanting to ...

Why is My Child Support So High?

In almost every case involving children, a court will make an order providing for child support for the child or children, paid to the custodial parent. The support is meant to help defray the cost of the child’s every day expenses, such as housing and food, as if the parents were still residing in the same household and both contributing to the shared bills and expenses. Child support is ...

Harassment and Restraining Orders in a Divorce

Hurt feelings and angry words are often a part of divorce. It is to be expected that one or both spouses are very upset when the relationship finally falls apart. These feelings can be extremely strong for one or both parties, and often lead to one person making inappropriate and hurtful comments. While this is unfortunate, it is a fairly normal part of the process. The real problem occurs when ...

Disabled Spouse and Child or Spousal Support

Each divorce or family law case has its own unique problems and issues. In many cases, these unusual issues will take the form of financial matters. Where a divorce involves child support, it is almost certain that an award of support will be made to the custodial parent. In cases involving a request for spousal support, such an award is much less certain. In either case, parties often want to ...

What Kind of Proof Do I Need for my Divorce?

The majority of divorces now settle before the final hearing. This means that neither spouse will ever have the necessity of presenting witnesses or evidence to a judge. There are distinct advantages to this, as this means a quicker and typically cheaper conclusion to the parties’ divorce. Not all couples are able to come to an agreement, though, and will need to present proof at a final hearing ...

Steps to Take if you Suspect Adultery

It is an unfortunate reality that many relationships fail because of one or both partners being unfaithful. Adultery is hurtful, and there are few other actions which so often lead to the break down of a marriage so quickly once discovered. If you believe your partner is committing adultery, there are some basic steps you should consider taking. First, you need to try to understand the role ...