Changes coming to NJ child support law

Posted on February 19, 2016 by Sandy Durst
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On January 19, 2016, New Jersey Governor Chris Christie signed into law Senate Bill 1046 and Assembly Bill 2721. This law will impact how child support is handled in New Jeresy and becomes effective on February 1, 2017.  The new law deals only with the process to terminate child support as the child(ren) reach the age of 19.  There are no change to how child support is calculated under this new law and there are no changes to the law an emancipation.

At first blush, the new law may seem harsh in its potential implementation as it establishes 19 as the age when child support terminates.  However, as will be explained below, the changes to the law are not as severe as they may seem.
What is the current law

Presently, child support payments continue unti the child has been deemed emancipated.  The parent paying child support has the obligation to petition the court, present the relevant facts and ask tha the the child support obligation be terminated.  Given the passage of time and the unfortuante reality that the parent-child relationship may have deteriorated over the years, it is often difficult for the payor to gather the necessary information to substantiate the motion.   They risk filing their motion to terminate child support too early or too late.  There is a disincentive for the parent receiving support to cooperate.  
How does the law change this?

After February 1, 2017, the presumption is that child support will end at age 19.  Notices will be issued and it will be the responsibility of the parent receiving child support to request that the support be continued.  Child support (including the providing of medical insurance) may continue to  age 23 if the child: (1) is still in high school, (2) attending full-time college, vocational, or graduate school, (3) is disabled, (4) if the parties have reached their own agreement, or (5) if the court deems the continued child support necessary.  These factors exist in the current law.

Free to enter any agreements on child support you wish

It is important to remember that when drafting their settlement agreements, parties are free to create obligations that extend beyond the age of 19.  These case specific agreements would trump the new law and would govern.
Still have questions about child support in New Jersey?

The changes that will be implemented on February 1, 2017 change the process more than the substance of child support in New Jersey.  If you have questions about child support in New Jersey, you should speak with an experienced family law attorney.  Additionally, the State’s website www.njchildsupport.org has a wealth of information about the implementation of the new child support law and general information on the issue.

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Domestic violence victims are entitled to an award of attorney’s fees

Posted on February 15, 2016 by Sandy Durst

The damage caused by acts of domestic violence can be significant and long lasting. Beyond the on obvious physical and emotional harm is financial harm.  Being forced to incur legal fees to protect yourself from abuse may seem unfair. New Jersey law agrees. 

In an effort to make the victim whole, the law allows the succesful victim to ask the court to have the abuser pay reasonable legal fees as compensatory damages. The ability of the parties to pay is not to be a consideration for the court. Only the reasonableness of the fees can be subject to scrutiny. If you are the victim, and you win at trial, be sure to request that fees be paid. 

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What is the Parent’s Education Program in NJ?

Posted on February 11, 2016 by Sandy Durst

If you are getting divorce in NJ and have children, you be will required to attend the Parent’s Education Program.  This program is administered by the court and is free for the litigants.  Attendance is required unless all issue of custody and parenting time have been resolved.  You and your spouse will be scehduled to attend on different dates and times.  If you have an attorney, be aware that counsel do not attend this program with their clients.

The purpose of the program is to educate parents as to the divorce process and to offer guidance on how to minimize the impact on the children.  Typically, you will hear from a family court judge and other individuals involved in the court system.

The program is not intended to address or resolve any custody and parenting time disputes.  There are separate court administered programs to help in this regard.

It is wishful thinking to believe a divorce will not impact your children. However, participation in the Parent’s Education Program and following the advice you receive can help minimize the disruption for your children.  

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A glimpse inside the court room

Posted on February 8, 2016 by Sandy Durst

For me, being in a courtroom is much like being on a playing field. There is the opposition. There are rules. Hours of practice lead up to a critical moment in the game. The goal is to win. 

Clients are often nervous upon entering a courtroom. This is understandable as they have a great deal at stake. I appreciate and respect the trust they place in me when the ask that I be their attorney. And truth be told, there are still times when I get nervous. 

One such time is when we wait for the judge to render their decison in a domestic violence trial. Sitting their as the decison is read is gut wrenching.  In a recent trial I allowed myself to relax a bit only after the judge started quoting portions of my closing argument in his decison!  

I get nervouse because I care about my clients. If your attorney tells you they never get nervouse, you may need to find a new attorney. One who cares. 

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My divorce is done. Can I move out of NJ with our child?

Posted on February 5, 2016 by Sandy Durst

Once a divorce is completed, many clients are ready to establish a new life and move on from the divorce process. One way people try to begin a new is to establish a new residence.  Sometimes they want this new home to be outside of New Jersey. If there are children involved, moving outside the borders of New Jersey is not as easy as they may want it to be if you are the parent of primary residence.
What does your settlement agreement of trial decision say about relocation?

If your divorce is finalized, the starting point to see if you can relocate outside of New Jersey is to review your settlement agreement or trial decision.  Are you the parent of primary residence?  If so, what is the parenting time for the other parent? Does the Agreement or trial decision grant permission to relocate.  The answers to these questions will greatly impact your ability to relocate.
Restrictions on the Parent of Primary Residence

New Jersey law recognizes the importance of both parents participating in the life of their child.  This is way their are restrictions on the ability of the parent designated the Parent of Primary Residence to move.  Sometimes the right to move is agreed to or permitted in the settlement agreement or court order.  If it is, then you may relocate. Otherwise, there are certain steps that must be taken.

If the out of state move has not been already endorsed, then you and the children cannot move without: (1) the consent of the other party, or (2) a court order permitting the move.  If you have the consent of the other parent, it is advisable to get their consent in writing.
What if the other parent will not consent?

If you can’t obtain the consent of the other parent you will need to file a post-judgment motion and address the factors setforth in the case of Baures v. Lewis.  One of those factors is the impact the move will have on the parenting time of the parent remaining in NJ.  The parent seeking to relocate must provide a plan to maintain, as reasonably as possible, the parenting time of the other parent.

The reasons for the move will also be scrutinized.  Is the move necessary to take advantage of a new and better job opportunity?   Does it bring the party closer to family? Is the move not contrary to the best interests of the child?
Resolving a relocation case can take time.  Therefore, it is adviseable to start the conversation with the other parent as soon as possible and begin court proceedings as early as deemed necessary.  The legal criteria can be confusing.  Working with an attoreny who is focused on family law can be a benfit in these situations.  

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