What Is a Case Information Statement and Why Do I Have to File One with the Court?

What Is a Case Information Statement and Why Do I Have to File One with the Court?

If you are going through the process of divorcing in the State of New Jersey, the Court will require you and your spouse to file a “Case Information Statement.” This is a document which summarizes the finances of the marriage. Generally, the Case Information Statement asks you to provide your income, your spouse’s income, the average spending over the course of one year, and list all assets and liabilities.

Think Carefully Before Filing A Motion for Reconsideration

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.

Do Domestic Violence Laws Apply to a Past Dating 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.

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

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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Effective September 14, 2015

 

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