In any number of cases, the issue of imputation of income can and will arise with regard to one or both parties when issues of alimony or child support arise. Generally speaking, in matrimonial cases an issue over imputation of income often arises when, say one party has been unemployed…
Generally, when a motion to modify a child support obligation is made New Jersey’s “anti-retroactivity statute” only allows a modification in child support retroactive to the date that the motion was filed. N.J.S.A. specifically states: “No payment or installment of an order for child support, or those portions of an…
A recent trial court decision by the Honorable Sohail Mohammed, J.S.C., from the Superior Court of New Jersey in Passaic County, is making headlines for its precedent setting nature combined with the “scratch your head” intrigue certain headlines provide. More specifically, Judge Mohammed recently made a ruling that a man…
In 2014 my colleague wrote an excellent blog entitled “When Does Child Support End?-Shifting the Burden”, which discussed New Jersey law on the emancipation of a child and the termination of child support. Another colleague has further blogged about the payment of college expenses by divorced parents. You may…
In order to ensure children receive support from both parents, New Jersey employs a number of enforcement mechanisms. These include, but are not limited to: Income withholding Credit reporting Interception of lottery winnings Tax fund offset Seizure of assets License suspension- driver’s, professional or recreational Passport denial Civil awards/settlements Court…
The New Jersey Appellate Division this week published the case of Elrom v. Elrom, in which the Husband appealed the provision in the parties’ divorce judgment where the trial court imputed income to the parties for purposes of determining the amount of alimony and child support the Husband had to…
As the landscape of the “traditional family” continues to evolve, children are being born into multiple families requiring innovation in calculating child support obligations on behalf of children in these families. In a previous blog entitled “Calculating Child Support for Multiple Families”, we outlined the procedure for properly calculating child…
In yet another recently published decision, in Madison v. Davis decided on June 18, 2014, the Honorable Lawrence R. Jones, J.S.C., sitting in the Family Division of Ocean County, tackled a novel issue related to the rights and obligations of divorced parents when their child(ren) attend pre-school. Throughout the decision, Judge…
As my colleague, Mr. Dugan has touched upon in prior blog posts, divorced parents can be required to provide a college education (sometimes even an advanced degree) to their children, in addition to having to pay child support under New Jersey law. The Honorable Lawrence R. Jones, J.S.C. has offered additional insight into…
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…