Category: Child Custody
When a couple divorces, the party required to pay alimony and/or child support typically agrees to take out a specific amount of life insurance to secure his or her support obligations. Generally, the insurance policy names the former spouse or children as the beneficiaries. While a spousal support award may be modified in certain circumstances, it does not necessarily follow that the party’s life insurance obligations also will be reduced as evidenced by a recent New Jersey decision.
When children can no longer safely reside with their birth parents, the New Jersey Division of Child Protection and Permanency (DCP&P) first look for relatives and family friends to provide care. The law recognizes that having children cared for by relatives and family friends who are familiar with them can help ease the trauma of […]
While New Jersey law allows an exemption from mandatory immunization for medical or religious reasons, that right is not absolute. A recent New Jersey Appellate Division case dealt with vaccination over parents’ objection in a very limited circumstance, but it’s reasoning may be relevant in broader situations.
Under New Jersey law, parents are presumptively required to provide for the financial support of their unemancipated children. While many parents believe child support automatically terminates when a child reaches age 18, this is not true in New Jersey. Child support terminates upon a child’s emancipation. Importantly, the definition of emancipation varies by state, making it extremely pertinent parents are aware of their state’s laws.
Many divorce agreements require the maintenance of a life insurance policy to secure a party’s alimony and/or child support obligation. Typically, the parties will agree to take out a specific amount of life insurance on their lives, naming their former spouse or children as the beneficiaries. They must also periodically provide proof that they are paying the premiums. Life insurance offers important protection but is not foolproof since the proceeds may be lost for various reasons.
In New Jersey, the basic amount of child support is calculated according to a formula – the New Jersey Child Support Guidelines. Does New Jersey law allow parents to “deviate” from the amount determined by this formula?