Category: Child Custody
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?
In almost every divorce involving children, parents will need to address the issue of parenting time. A common question raised by divorced parents is whether at some point, the parenting time order ends because children are old enough to decide what time they will spend with each parent.
Legislation currently pending in New Jersey seeks to address concerns that domestic violence laws are not doing enough to protect victims and children. The bill establishes a domestic violence risk assessment pilot program to help identify those who are likely to commit an act of violence against the victim or child.
If you or your co-parent are considering relocating out of state with your children, a recent New Jersey court decision has some valuable lessons. Under New Jersey law, before a custodial parent moves out of state with one or more children, he/she must get the consent of the non-custodial parent.