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The New Law Concerning the Termination of Child Support

Posted by on Apr 29, 2016 in Alimony & Child Support, Blog | Comments Off on The New Law Concerning the Termination of Child Support

The New Law Concerning the Termination of Child Support

The New Law Concerning the Termination of Child Support Earlier this year Governor Christine signed S-1046 / A-2721 into law. It is now been established that child support will end when a child reaches the age of 19 (rather than a rebuttable presumption that it ends at age 18). However, child support could still continue up to age 23 under certain circumstances as follows:           * The child is still in high school           * The child is attending full-time college, vocational or graduate school...

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Child Support May be Adjusted for Car Insurance Expenses

Posted by on Mar 18, 2016 in Alimony & Child Support, Blog | Comments Off on Child Support May be Adjusted for Car Insurance Expenses

Child Support May be Adjusted for Car Insurance Expenses

Child Support May be Adjusted for Car Insurance Expenses An Ocean County trial court judge has recently ruled that the court, in its reasonable discretion, may adjust Child Support Guideline awards to account for the additional cost of car insurance for a newly licensed teenage driver. In Fichter v. Fichter, the parties divorced in 2011. At that time their children were seventeen and thirteen years old. As part of their divorce agreement, dad was to pay child support in the amount of $303 per week as calculated pursuant to New Jersey’s Child Support Guidelines for both children. The...

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LOOKING AGAIN AT “GRANDPARENTS RIGHTS”

Posted by on Feb 3, 2016 in Blog, Custody & Parenting Time | Comments Off on LOOKING AGAIN AT “GRANDPARENTS RIGHTS”

LOOKING AGAIN AT “GRANDPARENTS RIGHTS”

LOOKING AGAIN AT "GRANDPARENTS RIGHTS" The New Jersey Supreme Court recently looked at the issue of grandparent visitation in the case of Major v. Maguire. The case re-affirms the task of the trial court in these fact sensitive cases. By way of brief history, New Jersey statute N.J.S.A 2:9-7.1 addresses a grandparent’s ability to have visitation with their grandchildren over the objection of the biological parent(s). In 2000, the United States Supreme Court, in the case of Troxel v. Granville, struck down Washington state’s broad grandparent rights statute. In response,...

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It is “Official”- a Child May Call their Stepparent Mom or Dad

Posted by on Dec 22, 2015 in Blog, Custody & Parenting Time | Comments Off on It is “Official”- a Child May Call their Stepparent Mom or Dad

It is “Official”- a Child May Call their Stepparent Mom or Dad

It is "Official"- a Child May Call their Stepparent Mom or Dad In many cases conflict arises when divorced parents with children start dating. Specifically, there are often disputes when one parent seeks to dictate when their ex-spouse can introduce their significant other to the children or have the children around the significant other. Some ex-spouses have sought to control the children’s use of a particular name for this person. According to Ocean County Judge Jones in a recent unpublished opinion, B.S. v. T.S., a child of divorced parents may in fact choose to call a...

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What happens if I stop paying support?

Posted by on Nov 23, 2015 in Alimony & Child Support, Blog | Comments Off on What happens if I stop paying support?

What happens if I stop paying support?

What happens if I stop paying support? If you have been court ordered to pay support (alimony, child support or something else) or if you have agreed to pay support then it is expected that you will actually pay consistent with the order or agreement. If you do not then there is a process in place seeking to bring you into compliance. In the event that you stop paying support the person expecting support can file a motion with the court seeking to enforce the support order/agreement. In cases where the support payments are to be made through the Probation Department they can, on their own,...

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Can child support be waived?

Posted by on Nov 13, 2015 in Alimony & Child Support, Blog | Comments Off on Can child support be waived?

Can child support be waived?

Can child support be waived? The short answer is – no. It is well established in New Jersey case law that parents are not legally permitted to waive the payment and/or receipt of child support. In essence, the receipt of child support is the right of the child, and not of the parents, and the child does not have the legal ability to waive this right. However, it is not uncommon for agreements to not include a provision directing that one party pay child support to the other in the traditional sense. It is possible for "child support" to be paid indirectly. For example,...

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