Should I be awarded permanent alimony or limited duration alimony?

1. I was married for 11 years and I am now getting a divorce. My husband insists that I should only receive limited duration alimony. However, I insist that I should receive life time permanent alimony. Who is right here? Each alimony case stands on it’s own individual facts. Moreover, let’s get real here; Some […]

What is a plenary hearing and when is one required?

1. I have filed a motion to have reduce my alimony payments, and the court granted me a plenary hearing. What the “hxll” is a plenary hearing and is one expensive? Plenary hearings are all the rage now in family court. It seems that nearly one half of the motions that I file now end […]

Adoption Info Guide

1. What is an adoption? Adoption is a legal action that terminates all rights, duties, privileges and relationships between the child and his or her birth mother and/or birth father and any person who has become the child’s legal parent. All adoptions in New Jersey are governed by the statutes found at N.J.S.A. 9:3-38 et. […]

Determining Income for Purposes of Child Support

1. What type of income is child support based on? The New Jersey Court Rules provide that any child support award is based upon net income. Net income is defined as gross income less any taxes and other expenses. The key issue in many family law cases is what other expenses does the court accept […]

Enforcing Court Orders

I have a court order that compels my husband to pay me $2,500 in child support arrears, and to also pay for $500 in past due medical expenses for our kids. He refuses to comply with the court order! I want to jump off the empire state building because I am so frustrated. What can […]

Pre-owned and Inherited Assets

1. Why is the issue of pre-owned assets so important in the world of family law? The issue of the equitable distribution pre-owned assets always arises in many divorce cases wherein the parties were married later on in their life, or in second marriages. If one or both of the spouses have accumulated some serious […]

Interstate Child Support Cases

1. My husband moved to Florida after we got divorced. How can I now collect my child support? In the world of family law many non-custodial parents who just can’t keep up with high child support payments move out of “Jersey.” Many distressed parents can’t deal with the ever pending threat of being arrested for […]

What are the eight major steps to determine child support?

1 – Deciding the Fair Income of Both Parents – There are many pages in the Rule that talk about different kinds of money. The child support guidelines provide that almost all kinds of income must be used to calculate child support; even things like overtime, lottery winnings, and unemployment benefits must be added in. […]

Child Support: Making sure that child support gets paid.

1. My ex-husband is a dead beat and he owes me $15,000 in back child support arrears. What are my legal rights to try to collect these monies that are rightfully due to me? Collecting child support in these hard economic times is no easy feat. Many child support “deadbeats” beats simply do not pay […]

Registering an Out of State Child Support Order

1. I used to live in Florida, and I obtained a child support award of $200 a week. I recently moved back to New Jersey to be closer to my family. Will New Jersey still enforce the child support order that originated from the Florida? Yes, this order will enforced in New Jersey. However, first […]

Which spouse can claim the dependency exemption(s)?

1. I have been divorced for two years, and me and my ex-wife have been constantly fighting over claiming the dependency exemptions for our children. Who is legally entitled to claim these dependency exemptions? In most divorce cases, the parties reach an agreement as to which spouse can write off the children, and claim them […]

Social Security Benefits and Child Support

  1. How are social security benefits treated when calculating child support? It is critically important to differentiate between the different types of social security benefits that are received by the recipient or the child support payor. There are two types of social security benefits that a person can receive. A recipient can either receive […]

Child Support in Cases of Underemployment or Unemployment

1. I am paying $300 per week in child support for my two children. However, I just lost my job at GM. Can I now go back to court to try to get my child support reduced? The family courts are swamped with motions to reduce child support or alimony based on the grounds that […]

Transfering Premarital Assets to Joint Names But Without Donative Intent

1. If a spouse transfers premarital assets into a joint account during the marriage, how are these assets then treated if the parties get divorced? In today’s world, especially in second marriages, premarital assets are often placed in joint names during the marriage. There are many reasons why premarital assets are placed into the other […]
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