Articles Tagged with child support

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I was at a social event recently. A woman attending that event, after learning that I was a divorce attorney, came up to me. She told me that her ex-husband had just filed court papers seeking to modify or terminate her alimony payments. With indignation in her voice she explained that “He can’t do that because I have permanent alimony!” It was obvious that this person had taken the word “permanent” literally, and believed that her alimony rights were forever immutable. She seemed genuinely shocked when I explained, without getting into the details of her case, that even “permanent” alimony may be modified or terminated upon a showing of a substantial change in circumstances. Continue reading

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This week the media was abuzz with news of the demise of another celebrity marriage, this time with the separation of professional basketball player, Carmelo Anthony, from his wife Lala

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Weddings rings and large bills of money

Anthony. The Anthony’s have been married since 2010 and have a 10 year-old son. Their potential divorce raises questions about what would happen with their assets and who would get custody of their son in their divorce, were such a case to arise in New Jersey. Continue reading

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Several weeks ago my colleague, Elsie Gonzalez, Esq., wrote a blog post discussing the recent Appellate Division case of Ricci v. Ricci, A-1832-14T1 decided on February 9, 2017. That matter aroseCollege-Student-Discounts-300x300
as a result of a child bringing an action against her divorced parents seeking contribution from them for her college expenses as well as other relief. Although the circumstances and reasons for same were in dispute, the child had moved out of her mother’s home at age 19 and moved in with her paternal grandparents. The parents filed a Consent Order declaring the child emancipated. The child subsequently filed a motion seeking to intervene in the matrimonial matter, seeking to vacate the emancipation Order and for contribution towards her college educational expenses, initially for the community college she was attending. Continue reading

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Reiterating the opening to my colleague, Padraic F.X. Dugan, Esq.’s blog outlining the history of U.S. file0002135280483-214x300Supreme Court decisions regarding the fundamental right to parent one’s child, he wrote:  “United States Supreme Court Justice Sandra Day O’Connor wrote on behalf of the Court in the case of Troxel v. Granville, 530 U.S. 57 (2000), that ‘the interest of parents in the care, custody, and control of their children — is perhaps the oldest of the fundamental liberty interests recognized by this Court.’ Justice O’Connor went on to cite other decisions like Meyer v. Nebraska, 262 U.S. 390 (1923), wherein the Court recognized ‘that the ‘liberty’ protected by the Due Process Clause includes the right of parents to ‘establish a home and bring up children’ and ‘to control the education of their own.’ Continue reading

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New Jersey Govenor Christie has signed into law N.J.S.A. 2A:17-56.67 which significantly modifies the current law related to the duration and termination of child support obligations.

Specifically Section (a) of the new statute provides that unless a court order or judgment provides to the contrary, child support terminates by  file6771267335956-300x204

“operation of law” when the child either: (1) dies, (2) marries, (3) enters military service or (4) reaches 19 years of age. Emancipation traditionally occurred upon: death, marriage or military service. However prior to the modification of this statute, emancipation presumptively occurred at age 18.

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More than ever it is not that unusual for a father to learn that the child he has been ordered to provide child support for is not his biological child. Instinctively, it would be equitable to assume that ahttps://www.newjerseydivorcelawyer-blog.com/files/2017/01/2015-07-29-14.25.57-169x300.jpg man who is not the biological father of the child should not have to pay child support once paternity is negated. Concerns of paternity fraud are easier than ever to confirm because DNA testing kits are now available for purchase in most major drug stores. However, having a DNA test revealing the biological father of a child does not necessarily mean that a court ordered child support obligation is going to dissolved by the family court. Continue reading

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Allocation of higher education expenses for the children of divorced or non-married parents continues to be an area of litigation and developing law.  This week, the Appellate Division approved for publication the case of  Avelino-Catabran v. Catabran, in which the Appellate Division addressed the interpretation and enforcement of a Property Settlement Agreement between divorcedfile000195499258 parents that provided for allocation of college expenses not covered by a student’s financial aid package, where a parent had taken out PLUS loans.  The Court also addressed the support of college age unemancipated children where one child resided with one party outside of the U.S., and the other child resided at college in New York. Continue reading

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It is that time of year when us practicing New Jersey attorneys submit our registration renewals and pay any required fees in order to continue to be able to practice law for the coming year. Despite its trials and tribulations at times, practicing Family Law, and assisting my clients through what is an often difficult, emotional and challenging set of life circumstances, it is not only rewarding and satisfying, but is a privilege as well. Indeed, the ability to practice law is considered a “privilege” and not a “right.” Like many other professions, attorneys must be licensed to be able to practice their profession after satisfying various rules and requirements established not only by the profession’s governing body-in this instance, the New Jersey Supreme Court- but by the State as well. Besides such occupational licenses, there are numerous other types of licenses that the State may issue, whether they be licensed to drive, participate in recreational activities (i.e., hunt, fish, operate a boat, etc.) Continue reading

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On March 17, 2016, the New Jersey Appellate Division issued an unpublished opinion in the case of Parrish v. Klugar 2015 WL 10488423 (App. Div. 2016).   In the Parrish case, the father appealed IMG_2849from an August 18, 2014 post-judgment Family Part order that denied his motion to emancipate his then twenty-one-year-old child, ordered the parties to cooperate with a parenting coordinator and abide by her recommendations, and directed the parties to “‘return’ to a psychologist for updated psychological evaluations for themselves as well as their two younger children, then ages thirteen and twelve. Continue reading

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file000739321417On October 21, 2015, the Hon. L.R. Jones, J.S.C., a family court judge in Ocean County issued an opinion that was approved for publication this week in the matter of Fichter-v-Fichter. Judge Jones addressed the question of whether a parent already paying child support pursuant to those Guidelines also has to pay an additional amount for child support of a new licensed unemancipated teenage driver. Continue reading