For years divorcing couples have heard that New Jersey courts do not consider fault when it comes to determining whether alimony should be awarded. This is true. In most cases marital fault is irrelevant to a determination of alimony. However, as the New Jersey Supreme Court stated in the case…
The question often arises whether a stepparent has any responsibility to pay child support for their stepchildren. The general rule is that a stepparent has no duty to pay child support for their stepchildren. However, practically speaking, if your stepchildren do not reside in your home, i.e., if you and…
The New Jersey courts use different standards to determine initial custody awards versus requests for changes to an established custody order. Initial Custody Awards When two parents have not been to court previously to decide who is the parent of primary residence (PPR) and who is the parent of alternate…
The answer to this question is “NO” if the custodial parent shares joint legal custody with the non-custodial parent. The case that deals with what the custodial parent has to show the court to be able to move from New Jersey with the children is Baures v. Lewis, 167 N.J.…
The question above was answered “YES” in the case of Schulze v. Morris, 361 N.J. Super 419 (2003). Relevant Case Facts The Schulze case involved a dispute between divorced New Jersey parents as to where their child would reside post-divorce. The parties resided in Middlesex County during their marriage, and…
Unpaid Taxes, Un-filed Taxes, and Outstanding Tax Obligations One of the ticking time bombs that can explode after a divorce is finalized is the issue of unpaid or unfiled joint or individual taxes. If you and your spouse file joint taxes during the marriage and you have any concern that…
While the general rule is that your spouse’s individual debt does not become your debt just because you’re married, in the case of medical bills there are situations where one spouse may be liable for the other spouse’s medical debt. The medical debt exception arises from the common law rule…
In a typical New Jersey case a parent cannot be forced by the court, or the other parent, to contribute to the cost of a private school education. However, if the parents combined net incomes are above the child support guidelines cut off contribution to private school costs will usually…
When a parent consistently violates an established parenting time order there are numerous remedies that a New Jersey court can order to sanction the violator. New Jersey Court Rule 5:3-7(a) Additional Remedies on Violation of Orders Relating To Parenting Time, Alimony, Support or Domestic Violence Restraining Orders Rule 5:3-7(a) lists…
The marital standard of living is the template for the parties post-divorce lifestyle. Alimony is paid from one party to the other to attempt to maintain this marital standard of living post-divorce. The key document in establishing the marital standard of living is the Family Part Case Information Statement (CIS).…