Tag Archives: child support

The Role of Special Needs Trusts in Divorce cases

Posted on August 29, 2013 by Sandy Durst

It is well settled that in a divorce, both parents have an obligation to support a child until he or she becomes emancipated.  The case summarized below the NJ Supreme Court was presented with a fact pattern that included an … Continue reading →

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No obligation to produce income verification in child support case 2 years afte divorce

Posted on August 22, 2013 by Sandy Durst

In a recent post I wrote about an ex-husband who was ordered to provide his tax returns to his ex-wife on an ongoing basis for so long as he had an alimony obligation and alimony arrearages existed.  Based on the … Continue reading →

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Actual income & potential income relevant to support analysis

Posted on July 11, 2013 by Sandy Durst

In a recently decided case, the appellate court affirmed the long held principle that when it comes to analyzing a parties income for determining support obligations, the actual income must be considered as well as the earning potential or earning capacity … Continue reading →

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I cant’ afford my child support payment? What should I do?

Posted on June 23, 2013 by Sandy Durst

In a NJ divorce, both parents have an obligation to financially support the child(ren) of the marriage.  Child support can be calculated utilizing the NJ Child Support Guidelines or the parties can agree to deviate from the Guidelines.  Child support … Continue reading →

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Disability determination does not eliminate child support obligation

Posted on August 17, 2012 by Sandy Durst

As highlighted in the New Jersey Law Journal, an important case regarding the impact of a finding of Social Security Disability on one’s obligation to pay child support was recently decided.  Child support obligations are subject to review upon a substantial … Continue reading →

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