In New Jersey, child support is based on a formula known as the Child Support Guidelines, as long as both parents have a combined net (after tax) income of less than $187,200 per year.  The following factors will be most pertinent: Gross and total earned income of both parents (which […]

With the shaky economy of today, divorcing parties are more often finding themselves with less than stable income levels. Many people have experienced a decline in income, or loss of job all together. Additionally, many parties have experienced a decrease in income that is directly related to the stress of divorce. These facts beg the […]

The issue of custody, parenting time, and child support are often so intertwined in the legal system that people may mistakenly believe that one cannot happen without the other. The most common misconception may be that a parent somehow forfeits his or her right to parenting time (or visitation) with their child because they have […]

A 32-year-old woman and mother of two suffered severe 2nd and 3rd degree burns after her ex-husband poured hot oil over her while she was sleeping. Now in a burn unit in a New Jersey hospital, the woman suffers from the physical pain of her injuries and the emotional trauma of this episode of domestic […]

This blog entry is a continuation of the entries posted on March 22, 2013 and April 2, 2013. Under Silver v. Silver, 387 N.J. Super. 112 (App. Div. 2006), when determining whether or not a Final Restraining Order should be awarded, the Court must perform the following two part test: 1. The Judge must determine […]

Under the Uniform Premarital Agreement Act, N.J.S.A. 37:2-31 et seq., a premarital or pre-civil union agreement must be in writing, with a statement of assets annexed thereto, signed by both parties, and it is enforceable without consideration. See N.J.S.A. 37:2-33. Likewise, any amendment to or revocation of the premarital agreement must be in writing and […]

In New Jersey and across the nation, it can be difficult to go through a divorce with high assets and keep those very assets intact, particularly if a case is contentious. In one recent case, a Jet-Ski, IRA account and additional investments were all sold to pay for the costs of a bitter and drawn-out […]

Many people believe that emancipation in the state of New Jersey automatically occurs when a child turns 18 years old. While a child over the age of 18 may no longer be considered a “minor,” the 18th birthday does not bring automatic emancipation. Therefore, there is not an automatic end to child support once a […]

Yesterday, my colleague posted a blog regarding the permanency of a Final Restraining Order (FRO) in New Jersey. This caused me to start thinking about the practical difficulties of living with an FRO between parties in situations where they must inevitably still communicate, such as when they have children in common. Many times I will […]

When does a Final Restraining Order expire in the State of New Jersey? The answer is simple: It NEVER expires. A Final Restraining Order entered in the State of New Jersey is permanent. Under limited circumstances a party can seek that a Final Restraining Order be dissolved. Pursuant to Carfagno v. Carfagno, 288 N.J. Super […]