New Jersey Family Law Attorneys

Family Law Related Issues

Parenting time

Most commonly known as visitation, this term has fallen out of favor and is now referred to as parenting time. The notion of parenting time holds that every parent, absent special circumstances, has a right to be with their children. The question in each case is about the extent of parenting time to be given and agreed upon. This issue can be easy to resolve or very difficult depending on the circumstances of the parties and facts that may include issues of health of the parties, the health of any children, past behavior, living accommodations, living locations, transportation means, and time availability.

Child Support

Under New Jersey law, both parents have a legal obligation to support their children. The New Jersey Child Support Guidelines are applicable, unless there is a special explanation or circumstance, to determine the amount of child support to be paid by the non-resident parent to the resident parent. The actual income, or in some cases, “imputed” income, is used to determine the child support obligation. Expenses for daycare and insurance are also considered and form part of the child support obligation. Credit is also given, pursuant to a formula, to the non-resident parent for their parenting time, which will determine whether the “Sole Parenting” guidelines or the “Shared Parenting” guidelines are used. Child support is typically paid through the Probation Department, which sets up an account and automatically garnishes the obligor’s pay, then transmits the payment to the residential parent.

Alimony

Under New Jersey law, a spouse may have the right to continued financial support after the marriage has been terminated. The factors that guide the court in determining whether alimony is appropriate in any given case are outlined in New Jersey Statutes. There are different types of alimony, such as “permanent” and “rehabilitative.” However, there is no automatic right to alimony. Its award, amount, and duration will depend on whether such an award is just and fair, as determined by an analysis of the statutory factors.

Equitable Distribution

New Jersey is an Equitable Distribution state, not a Community Property state. This means that assets and debts acquired during the marriage are not automatically divided 50/50. The assets and debts acquired during a marriage are equitably divided, which may mean 50/50 or something other than 50/50, depending on all the circumstances involved. In some cases, a home acquired before the marriage, such as a house in which the parties reside, may be subject to equitable distribution if it was acquired with the intention of being a marital asset. There are other factors that may affect equitable distribution, including “alimony” that has been awarded or received.

Domestic Violence

Domestic violence may occur at any time. The New Jersey Prevention of Domestic Violence Act sets forth the acts that constitute domestic violence under the act and sets forth who the act applies to. Not everyone is subject to the New Jersey Prevention of Domestic Violence Act. The New Jersey Prevention of Domestic Violence Act, if applicable, will entitle the “victim” to a restraining order, both temporary and, if a violation of the act is proven, a final restraining order against the offender. The New Jersey Prevention of Domestic Violence Act may also entitle the victim to other relief such as support, damages for injuries, restitution, and damages for property damage, and custody of minor children. The entry of a Final Restraining Order and finding of a violation of The New Jersey Prevention of Domestic Violence Act also has an impact on any issue about custody of children in a related divorce action.