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Category: Divorce

When Does Child Support End?

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.

How a Domestic Violence Temporary Restraining Order May Lead to Other Criminal Charges

New Jersey law permits a victim of domestic violence to obtain a temporary restraining order (“TRO”) if granted, the alleged aggressor will be personally served with a copy of the TRO by local law enforcement officers. Although the officers may only be serving the TRO, a recent case makes clear that the defendant can be arrested for other crimes the officers may observe or based on evidence they may legally gather regardless of what happens with the TRO.

Can Parents Agree to Deviate from the Child Support Guidelines?

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?

When Do Parenting Time Orders End?

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.

There is More to the Tax Cuts and Jobs Act Besides the Changes to the Deductibility of Alimony

Many couples made it a priority to settle their divorce cases prior to December 31, 2018 to protect the paying spouse’s ability to deduct alimony which changed effective January 1, 2019 as a result of the Tax Cuts and Jobs Act of 2017 (hereafter the “Act”).  While this was certainly the most widely known change […]

Why You Should Consider Owning a Life Insurance Policy on Your Former Spouse

When divorcing, it is common practice for parties to secure their alimony and/or child support obligations by agreeing to carry a certain amount of life insurance. Problems can occur, however, when one spouse does not maintain the life insurance policy and does not disclose that he/she has allowed the life insurance policy to lapse.

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Effective September 14, 2015

 

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