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.

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Phyllis S. Klein recently featured in Chatham Living Magazine

Earlier this month, Donahue, Hagan, Klein & Weisberg, LLC partner Phyllis S. Klein, Esq. was featured as the cover story in the November Issue of Chatham Living along with her family! Learn more about how they were able to stay a close knit and productive family,...

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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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Benefits and Pitfalls of Divorce from Bed and Board

New Jersey allows married couples to seek a limited divorce known as Divorce from Bed and Board. This action is often taken by parties who have religious objections to divorce, or for economic reasons such as maintaining eligibility for health insurance through their spouse’s health insurance coverage, social security and retirement benefits. While Divorce from Bed and Board offers certain advantages, there are also pitfalls which couples should consider before pursuing a Divorce from Bed and Board.

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