Articles Posted in child support

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Approximately one year ago, my colleague wrote a blog post raising awareness and spreading concern about how the communications and content found on one’s social media could potentially be used against them in a variety of ways in Court.  It is no big surprise that with the explosion of social media and the countless ways individuals can communicate in an ever evolving world of technology that those communications are being monitored for potential use in litigation. Continue reading ›

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file000314800471A 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 believed to be the father of two twin girls was actually only the father of one of the girls and, therefore, was only required to pay for child support that one child.  In fact, this is the first paternity case of its kind in the State of New Jersey (and thus a matter of first impression) and only the third of its kind in the entire nation. Continue reading ›

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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 also recall a 2014 case filed in New Jersey by Rachel Canning, who moved out of her parents’ home because she did not want to abide by their rules, yet filed an application to compel her non-divorced parents to pay for her college expenses and support. Continue reading ›

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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 enforcement
Warrants
Judgments
New Hires Directory Continue reading ›

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For the casual fan like myself, there are periods during the year where the sports landscape is rather barren. The time we are now in between the Super Bowl and March Madness is one such period. Similarly, there are periods where the family law landscape can seem rather barren as well, during which the courts’ issuing of decisions and/or the Legislature’s passing of laws seems to reduce to a trickle.   Continue reading ›

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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 pay to his former Wife.  The Wife in this case was an attorney licensed to practice in New York and New Jersey.   Continue reading ›

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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 support on behalf of children of multiple families pursuant to the Appellate Division decision in Harte v. Hand, 433 N.J Super. 457 (App. Div. 2013). Continue reading ›

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file000421021206In 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 Jones’ primary focus was placed on reconciling the competing interests addressed in cases such as Pascale v. Pascale, 140 N.J. 583 (1995) and Beck (Beck v. Beck, 86 N.J. 480 (1981), neither of which specifically discusses preschool. Continue reading ›

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file0002022362803 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 this issue in  the case of Black v. Black, published on June 13, 2014.  More specifically, Judge Jones addressed the relationship required between a child and the divorced parent from whom the child seeks a contribution to college expenses. Continue reading ›

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New Jersey has since the Divorce Reform Act of 1971 stood in the forefront in developing the law as it relates to Marriage and Divorce. We have over the years defined the law, and the Nation has followed and adopted some of our theories as to the distribution of property and the valuation of assets. It has been my pleasure to have been a divorce lawyer during this period of development, and to be recognized as a primary commentator on Family Law though my New Jersey Institute for Legal Education multi-volume treatise The Yudes Family Law Citator. Continue reading ›