Author: Luther G. Jones, IV

signing a motion for consideration

Think Carefully Before Filing A Motion for Reconsideration

Under New Jersey law, when a party’s motion has been denied by the court, the party may file a motion for reconsideration. However, this is only available if the matter meets certain criteria demonstrating an error has been made. The purpose of making a motion for reconsideration is not to give a party another opportunity to make the same arguments but to advise the Court of facts it overlooked or controlling law the Court did not consider.

domestic violence in a past relationship

Do Domestic Violence Laws Apply to a Past Dating Relationship?

Many people think of domestic violence incidents as occurring between parties who are in an active relationship, but that is not a requirement. New Jersey’s Prevention of Domestic Violence Act (PDVA) protects against acts of domestic violence that occur between a spouse, former spouse, household member or individuals involved in a dating relationship, including past relationships. Such a relationship also does not have to be exclusive. Even casual dating may give rise to a claim under the PDVA, as affirmed in a recent Appellate Division case.

father supporting his child

Does a Disabled Parent Have to Pay Child Support?

Under New Jersey law, both parents are obligated to contribute to the support of their child. The payor’s child support obligation may be modified if he or she has experienced “changed circumstances,” which includes major health issues or permanent disability.

gavel next to wedding rings

Imputing Income to a Divorced Parent Who Is Voluntarily Underemployed or Unemployed

New Jersey law provides that both parents must pay basic child support plus certain add-on expenses. While a Court or the parties may decide how much each parent pays initially, that amount may later be modified if a party has experienced “changed circumstances,” which include job loss or obtaining a higher paying job. When the Court finds that a party is voluntarily underemployed or unemployed without just cause, the Court has the discretion to impute income to that parent based on certain criteria. A recent appellate decision illustrates this point.

How Will Courts Enforce Alimony When Your Ex-Spouse Does Not Pay?

When alimony is agreed upon in accordance with a Marital Settlement Agreement or awarded by a Court order, it is a legally enforceable obligation. As a result, if the payor-spouse refuses to pay or pays less than the agreed upon amount, the recipient spouse can file an application with the Court to enforce the support award. The Court has the power to order the payor spouse to pay the amount owed and may use other tools to deter the spouse from future nonpayment.


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Effective September 14, 2015