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Articles Posted in child support

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Social Media in the Law: What You Say (or Post) Can Be Used Against You

With the proliferation of ways to communicate via social media, such as Facebook, Twitter, Instagram, Youtube and blogging sites, it has become more common in legal settings for such postings to be used as evidence in court.  Mainstream media outlets have been reporting recently about an unpublished May, 2014 Appellate Division decision…

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What Happens to Child Support When a Child Enrolls in an Out of State College?

On April 28th 2014 the Appellate Division issued an unpublished decision in the post-judgment case of Fox v. Fox, A-2339-12T1, 2014 WL 1660394 (N.J. Super. Ct. App. Div.). The Appellate Division reversed and remanded the trial court’s decisions to deny Dorothy Fox n/k/a Lamuraglia’s motion to modify child support. Ms. Lamuraglia…

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Does a New Jersey Court Have to Provide Counsel and Experts to Litigants Who Do Not Pay Court Ordered Support Before Incarcerating Them?

Most times, when courts award alimony and child support the Payors comply with their court ordered support obligations.  In some instances, unfortunately, compliance with such orders wains and the issue of enforcement of court ordered support obligations must be addressed by the Court.  New Jersey Court Rule 1:10-3 provides a vehicle…

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When Does Child Support End? – Shifting the Burden

  If divorcing parties have children, the support of these children is one of the issues that needs to be addressed.  In the majority of cases the “amount” of child support is fairly easy to determine – the incomes of most families fall within the range covered by the Child…

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The Rachel Canning Case: Can Married Parents Be Forced to Pay College Expenses the Way that Divorced Parents May Be Obligated?

United States Supreme Court Justice Sandra Day O’Connor wrote on behalf of the Court in the case of Troxel v. Granville, 530 U.S. 57 (2000), that “the interest of parents in the care, custody, and control of their children — is perhaps the oldest of the fundamental liberty interests recognized…

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Calculating Child Support for Multiple Families

On December 18, 2013 the New Jersey Appellate Division published an opinion in the matter of Harte v. Hand. In the opinion, the Appellate Division addressed the issue of how to properly calculate child support on behalf of children of multiple families. In this matter, the defendant/father has three children, each with different mothers.  The…

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Custody Disputes in New Jersey – What are the Terms That You Need to Understand?

Custody disputes can sometimes remind me of the Biblical story of King Solomon (1 Kings 3:16-28).   In this story, King Solomon is tasked with resolving an argument between two women in the same household, each of whom claimed to be the mother of an infant son.  King Solomon fetches a sword…

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Considerations for a Divorce for Persons Over the Age of 50

According to a March, 2013 publication from the National Center for Family & Marriage Research at Bowling Green State University, authors Susan L. Brown and I-Fen Lin discussed the divorce rate for adults over the age of 50 in their article entitled “The Gray Divorce Revolution: Rising Divorce among Middle-aged and Older…

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Back to School – Now Who Pays? Factors to Determine How a Child’s Higher Education Expenses are Paid by Divorced Parents

Benjamin Franklin once wrote: “An investment in education pays the best interest.”  That quote by one of America’s Founding Fathers continues to be etched into our national fabric of ideals. The attainment of a college degree or some other form of higher education has become the norm and not the exception in today’s society.  Unfortunately, with the rise…

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Child Support Obligation – What Can It Cover?

In my last post, I described the various items and expenses that are specifically built into the calculation of a child support obligation pursuant to the Child Support Guidelines in an attempt to explain and describe what a child support obligation is meant to cover.  In addition to the automatic…

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