Can I change my last name after my divorce?

Posted on May 21, 2025 by Sandy Durst

Changing your surname after a divorce in New Jersey can be a meaningful step toward reclaiming your identity. Whether you’re considering this change during the divorce process or years later, New Jersey law provides clear pathways to make it happen.​

Two Ways to a Name Change After Divorce

  1. Requesting a Name Change During Divorce Proceedings
    The simplest time to change your name is during the divorce itself. You can include a request to resume your maiden or former name in your initial divorce complaint or counterclaim. If you forget to include it initially, you can amend your complaint or make the request during the final hearing. As long as the request isn’t for fraudulent purposes, courts typically grant it without issue .​

Once the court approves your request, the Final Judgment of Divorce will include the name change order. This document serves as legal proof for updating your name with various agencies.​

a woman reading a divorce decree paper
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  1. Changing Your Name After the Divorce Is Finalized
    If you didn’t change your name during the divorce, you can still do so later by filing a post-judgment motion in the same family court that handled your divorce. Under N.J.S.A. 2A:34-21, courts can grant a name change even after the divorce proceedings are over .​

This process is generally more straightforward and less costly than filing a separate civil name change action. You’ll need to complete specific forms, including a “Judgment for Name Change” and a “Judgment for Name Change Addendum,” which includes your Social Security number and date of birth. These forms are available on the New Jersey Courts website .​

Updating Your Identification Documents

After obtaining the court order for your name change, you’ll need to update your identification documents:​

Social Security Card: Apply for a new card using your divorce decree as proof. This service is free.​

Driver’s License: Visit a New Jersey Motor Vehicle Commission (MVC) Licensing Center with your court order and required identification documents.

Passport: Submit a passport application with your name change documentation. Fees may apply depending on your situation.​

person putting a passport on bag
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Other Records: Update your name with banks, employers, insurance providers, and other institutions as needed.​

Changing a Child’s Last Name
Changing your child’s last name requires a separate legal process. You must file a formal name change application in the civil division of the court. Both parents typically need to consent to the change. If one parent objects, the court will decide based on the child’s best interests .​
njfamilylawllc.com

Final Thoughts
Changing your surname after a divorce in New Jersey is a personal decision with legal implications. Whether you choose to do it during the divorce or afterward, understanding the process can help you navigate it smoothly

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Starting Fresh: Moving Out of NJ with Your Child After Divorce

Posted on May 14, 2025 by Sandy Durst

Divorce is never easy, especially when children are involved. On top of the emotional upheaval, there are practical questions to answer—like where you’ll live, how custody will work, and whether a fresh start in a new place might be the right next step. If you’re considering moving out of New Jersey with your child post-divorce, you’re not alone—and there are some important things to know before packing those boxes.

Why People Move After Divorce

A move can offer a clean slate: new surroundings, a different job market, proximity to family or support systems, or simply a more affordable lifestyle. But when you’re a divorced parent in New Jersey, moving out of state with your child isn’t just your decision—it’s also a legal matter.

small truck parked near trees
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The Legal Side: What NJ Law Says

Under New Jersey law, a parent who wants to relocate out of state with a child must either:

  • Get consent from the other parent, or
  • Obtain permission from the court.

This is because moving your child far away can significantly impact their relationship with the other parent.

The court will consider whether the move is in the best interest of the child. That’s the golden phrase. Factors may include:

  • The reason for the move
  • The relationship between the child and each parent
  • Educational opportunities in both locations
  • Any history of domestic violence or abuse
  • The ability to maintain a strong parent-child relationship across state lines

It’s important to note: even if you have sole residential custody, you still need court permission to relocate out of state unless the other parent agrees.

Navigating the Emotional Landscape

Legalities aside, there’s also the emotional toll on you and your child. Moves are stressful for kids, even when the reasons are good. They’re saying goodbye to friends, schools, and familiar routines. Their relationship with the other parent will be impacted. It’s worth remembering that a child’s relationship with a parent may be very different from the quality of your relationship with your former spouse.

Some tips to make the transition smoother:

  • Talk it through: Let your child ask questions and express their feelings. Be honest about what’s happening and why.
  • Stay positive: Frame the move as an adventure and a new beginning.
  • Keep routines steady: Familiarity and structure can provide a sense of safety.
  • Preserve connections: Help your child maintain contact with the other parent, whether through regular visits, calls, or video chats.

How to Prepare

  1. Consult an attorney early on to understand your rights and responsibilities.
  2. Gather documentation that supports your reasons for the move—job offers, school info, cost-of-living comparisons, etc.
  3. Try mediation before heading to court—it can sometimes help reach an agreement without litigation.
  4. Focus on co-parenting: The more respectful and transparent the process, the better for everyone involved.

You’re Not Alone

If you’re standing at the edge of a new chapter, unsure how to step forward, know this: you’re not the first to do it, and you won’t be the last. It’s okay to grieve what you’re leaving behind while also feeling hopeful about what’s ahead.

Moving out of New Jersey after divorce doesn’t mean moving away from your child’s other parent—it means making a choice you believe will lead to a better, healthier future. Just make sure it’s a choice rooted in love, honesty, and the best interests of your child.

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Can Child Support in New Jersey Be Paid Through Wage Garnishment?When it comes to child support in New Jersey, one of the most common questions parents have is whether payments can be made through wage garnishment. The short answer? Yes, absolutely—and in most cases, it’s the default method.

Posted on May 7, 2025 by Sandy Durst

What Is Wage Garnishment?
Wage garnishment is when a portion of an employee’s earnings is automatically withheld by their employer to pay off a debt—in this case, child support. Instead of the paying parent (often called the noncustodial parent) manually sending payments, the money is taken directly from their paycheck and forwarded to the appropriate agency.

How It Works in New Jersey
In New Jersey, wage garnishment for child support is handled through an Income Withholding Order (IWO). Here’s how the process typically works:

Court Order: When a child support order is established or updated, the court usually includes an IWO.

Employer Notification: The IWO is sent to the noncustodial parent’s employer.

Automatic Deductions: The employer deducts the child support amount from the employee’s wages.

Payment Processing: The deducted funds are sent to the New Jersey Family Support Payment Center (NJFSPC), which then distributes the payment to the custodial parent.

This system ensures that child support payments are consistent and traceable, reducing the risk of missed or late payments.

Do All Child Support Orders Include Wage Garnishment?
Yes—unless both parents agree to a different arrangement and the court signs off on it. By default, wage garnishment is included in all new or modified child support orders in New Jersey, even if the paying parent is current on their payments.

What If the Paying Parent Changes Jobs?
The noncustodial parent is responsible for notifying the court and the New Jersey Child Support Program if they change employers. This allows a new IWO to be issued so payments can continue without disruption.

Wage garnishment can apply to various types of income, including:

Regular wages and salaries

Bonuses and commissions

Overtime pay

Unemployment benefits

Workers’ compensation

Final Thoughts
Wage garnishment offers a reliable way to ensure child support is paid on time and in full.

Posted in Durst Firm News | Tagged , , , , | Comments Off on Can Child Support in New Jersey Be Paid Through Wage Garnishment?When it comes to child support in New Jersey, one of the most common questions parents have is whether payments can be made through wage garnishment. The short answer? Yes, absolutely—and in most cases, it’s the default method.

Understanding the New Jersey Child Support Guidelines

Posted on April 30, 2025 by Sandy Durst
father and son in the park
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In New Jersey, child support is determined using the Income Shares Model, which aims to ensure that children receive the same proportion of parental income they would have if their parents lived together. The guidelines are detailed in Appendix IX-A of the New Jersey Court Rules and are designed to promote consistency and fairness in support awards.

Key Components of the Guidelines

  1. Combined Net Income: The court calculates each parent’s net income by subtracting allowable deductions (such as taxes, mandatory union dues, and existing support obligations) from their gross income. The combined net income is then used to determine the total child support obligation.
  2. Proportional Sharing: Each parent is responsible for a portion of the child support obligation proportional to their share of the combined net income. For instance, if one parent earns 60% of the combined income, they would be responsible for 60% of the child support amount.
  3. Parenting Time Adjustments: The amount of time each parent spends with the child can affect the support calculation. If the non-custodial parent has substantial overnight parenting time, the support obligation may be adjusted to reflect shared expenses during those periods.
  4. Additional Expenses: Certain costs, such as child care, health insurance premiums for the child, and extraordinary medical expenses, are added to the basic support obligation and divided between the parents in proportion to their income.

Duration of Support

Child support in New Jersey typically continues until the child turns 19. However, support may extend up to age 23 if the child is still in high school, attending full-time post-secondary education, or has a physical or mental disability that requires continued support. 

Modifications and Enforcement

Support orders can be reviewed and modified if there is a significant change in circumstances, such as a change in income, employment status, or parenting time. Additionally, support orders are eligible for review every three years by the board of social services. 

Enforcement mechanisms for unpaid child support include wage garnishment, interception of tax refunds, suspension of driver’s or professional licenses, and even legal action. 

Estimating Support

For an estimate of potential child support obligations, the New Jersey Child Support Guidelines Calculator is available online. This tool provides an approximation based on the information provided but does not guarantee the amount that will be ordered by the court. 

Understanding these guidelines is crucial for parents navigating child support matters in New Jersey. Consulting with a family law attorney can provide personalized guidance tailored to individual circumstances.

We have over 25 years of experience in calculating child support for NJ parents.

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Dividing retirement assets in a divorce

Posted on April 23, 2025 by Sandy Durst

Dividing Retirement Assets in Divorce: Key Legal Insights

When couples divorce, dividing retirement assets is often one of the most significant and complicated parts of the property settlement. For family law practitioners, understanding the legal framework and potential pitfalls is essential to protecting clients’ financial interests.

Marital vs. Separate Property

Retirement accounts—such as 401(k)s, IRAs, and pensions—are typically considered marital property to the extent they were accrued during the marriage. Contributions made before marriage may be considered separate property, though proper documentation and valuation are critical.

State Law Matters

In equitable distribution states such as New Jersey, courts consider factors like each spouse’s earning capacity, contributions to the marriage, and future financial needs to determine a fair division.

QDROs and Tax Implications

Employer-sponsored retirement plans (e.g., 401(k)s and defined benefit pensions) generally require a Qualified Domestic Relations Order (QDRO) to divide benefits without triggering early withdrawal penalties or tax consequences. IRAs, while not requiring a QDRO, must still be divided pursuant to a court order or settlement agreement to qualify for tax-free transfer.

Pensions and Valuation

Defined benefit pensions may require actuarial valuation to determine their present value, especially when offsetting with other assets. Attorneys should also consider survivorship benefits and whether the non-employee spouse will have access to benefits if the plan participant dies prematurely.

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