If you need a consultation regarding the emancipation of your children in New Jersey under the new law and whether or not child support should continue, call us at 732-390-0480 or 201-242-1119 in East Brunswick or Fort Lee offices for a free consultation about child support and emancipation of your children in the State of New Jersey. Our experienced NJ divorce lawyer and NJ divorce attorney and NJ family law lawyer and NJ family law attorney can help you today at Green & Associates in our East Brunswick family law office or Fort Lee family law office regarding your questions on the new NJ child support law and NJ child emancipation statute.
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Recalculation of Child Support after Alimony is Terminated in a New Jersey Divorce. When the term of alimony ends after a divorce when the children are still unemancipated, child support generally continues and must be recalculated as the income for one of the parents has often dramatically been reduced. Often rehabilitative alimony is a component of alimony and that party may have attended school and retained a new job such that their income is dramatically increased since the divorce. In some NJ divorce cases, upon termination of alimony, the payor of the alimony may have had their income change dramatically, up or down. The children will be older, may be teenagers or in college and college tuition and expenses have to also be determined based on the matrimonial agreement of the parties and potentially their income at the time of the children attending college.
NJ Divorce and Summer Camps - Who Pays and How Much. In any divorce with children, the subject of extracurricular activities and who pays for them and how much generally always comes up. Child support covers a roof over the child's head, food and clothing. In addition, the Court Rules allow for it to also cover extracurricular activities that are educationally related. However, activities that are seen to be in excess of what is normally a weekly activity are activities that are subject to payment by both parties e.g. tutoring, music lessons, sports that are "extraordinary". So a category of extraordinary activities may be deemed to include all else and generally both parents elect to or consent to pay for these activities either equally or on a pro rata basis to their income.
The process of a divorce may have mediation as part of it in many ways. Parenting time and custody mediation is first done in the courts for free for the parties early on in any divorce case that is filed in an attempt to remove those issues from any divorce litigation and to isolate out the economic issues from the custody issues, either of which may bog down any divorce litigation. If the parties can come to an agreement in custody mediation, they may memorialize it in a consent order in the case. Thereafter, only the economic issues may have to be litigated. Later in the case, the parties are court ordered to economic mediation where they have to pay a court appointed mediator to mediate only the economic issues of their case. Mediation may also be used in the beginning of the case by the parties in an effort to develop an MOU.
If you have been divorced and after some amount of time, you and your spouse may have payments to each other for child support, alimony and other shared expenses for the children such as work-related childcare. If you have a dispute regarding these items and the amounts paid and when they were paid, you may require a motion to be filed to resolve these issues. Such an accounting of these items can be an exhaustive process, with both parties submitting proofs that seemingly contradict each other. If you have to file such a postjudgment motion, please call us at 732-390-0480 or 201-242-1119 in our East Brunswick or Fort Lee Offices to schedule a free consultation with our NJ divorce lawyer or NJ divorce attorney, Michael S. Green. His years of experience with such motions will assist you in your filing. Call us today!
Child Support and Alimony in divorce are generally court ordered to be paid, thereafter, as to how it is paid depends on the agreement of the parties or the order of the court. It may be paid through the courts' probation department, an agency that handles the payments of child support and alimony. Alternatively, it may be paid direct from one party to the other. There are a variety of reasons for each method of payment. If someone does not have a job where garnishment may occur, direct pay may be a better choice, or alternatively, the payor may pay direct to probation. Those that are self-employed often wish to pay direct as cash flow in their business may be up and down, or they do not collect pay checks but distributions from their business on a regular basis. Whatever your payment concerns as to child support or alimony, please call us at 732-390-0480 or 201-242-1119 for a free consultation as to your divorce.
Overpayment to the Probation Department of Spousal Support or Child Support in a Divorce PostJudgment and What You Should Do About It.
Overpayment to the Probation Department of Spousal Support or Child Support in a Divorce PostJudgment and What You Should Do About It. Generally, in such a case, you should get a printout of the abstract of payments from the probation department, then send them a copy of your divorce judgment and property settlement agreement or matrimonial settlement agreement with all the terms of your divorce, so they may review your payments and make a determination. If necessary, a motion may have to be filed with the court to request an audit of the account and a credit to you for any overpayment. Finally, your ex-spouse may have to sign off on the credit, but if she or he is unwilling a motion may have to be filed as well. The Court may otherwise continue to assess arrears to you if you stop payment without a court order or agreement with Probation as to any overpayment.
If you or your spouse wishes to allege that the other has had a significant amount of income through cash that has not been claimed over the years, in a number of ways, it can affect the outcome of your divorce. First, and most importantly, if you have both filed your income taxes jointly and have not claimed this income, you are both subject to potential issues with the court upon filing your divorce complaint. There are what they generally call, "Sheridan" issues, meaning pursuant to certain case law, both parties may be liable with the IRS for unclaimed cash income regardless of which party earned the income, as both parties verified that their income taxes were correct upon filing. If you have not filed jointly, then one spouse may be able to claim they were an innocent spouse as regards to the unclaimed cash income.
PostJudgment Motions - Modifications of Alimony, Child Support, Child Custody, College Tuition, College Expenses
PostJudgment Motions - Modifications of Alimony, Child Support, Child Custody, College Tuition, College Expenses. At Green & Associates, in East Brunswick and Fort Lee, we are a full divorce law and family law practice that can assist you with your postjudgment motions after a divorce such as motions for modification of alimony, modification of child support, modification of child custody, request for college tuition, request for college expenses. As a divorce lawyer and a divorce attorney, Michael S. Green has many years of experience with many hundreds of divorce cases to handle the needs of your next motion in a divorce case. Whether you are seeking a divorce that is an uncontested divorce or a contested divorce,