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Child Support Archives

For Child Support and Alimony Calculations, Can NJ Divorce Courts Impute More Income than Both Parties Actually Earn?

Calculations of child support and alimony payments are among the most frequently contested parts of any divorce. In simple cases, the lawyers and judges will look each spouse’s income and set support amounts based on current earnings, needs, and overnights with children. However, what happens if one or both of the parties may claim the

Do Supplemental Security Income or Social Security Disability Payments Affect NJ Child Support Obligations?

New Jersey law requires both parents to provide child support, which is calculated under the New Jersey Child Support Guidelines (CSG). Child support obligations for most middle income couples are generally based on the income of each party, the alimony one party may pay to the other, and the amount of overnights each party spends

Essential Tax Advice for the Newly Divorced

As we enter the shank of the year, our thoughts turn to Halloween, Thanksgiving, Winter Holidays, the New Year, and . . . taxes.  This is a good time to review essential divorce taxation. Introduction Divorcing couples often have to face a tangled web of chaos when dealing with their shared financial lives. This is

“In NJ, under what circumstances may I forcibly emancipate my own child?”

Current New Jersey law says that when a child reaches the age of 19, and absent specific exceptions for college education or disability, s/he is presumptively emancipated. This means the child becomes financially independent of his/her parents. The burden is on the young adult child or the other parent to demonstrate that the child is

“Two, Four, Six, Eight, When do we Emancipate?”

New Jersey parents have a legal obligation to provide for the basic needs of their minor child, including food, clothing, housing, medical care, and education. In most states, when a child reaches the age of 18, that child is an adult in the eyes of the law, and the parents are no longer legally bound

Post Divorce and NJ Teens: Who Pays for What?

Most divorce agreements now anticipate how college tuition and costs will be shared between the parents. If the agreement is silent on college tuition and costs, a Family Court Judge may still rule on the division of expenses. In addition to tuition, there are many other expenses parents may not have anticipated as their adolescent

NJ Legi Approves Presumptive Termination of Child Support; Law Awaits Governor Christie’s Signature

When in a New Jersey child’s life should his or her right to child support payments come to an end? That is a question to which New Jersey’s lawmakers recently found an answer. The bill (S-1046/A-2721) was passed overwhelmingly in the New Jersey Senate last summer by a 31-2 vote and in the New Jersey Assembly on December 17, 2015, by a unanimous vote, 68-0, with one abstention. The bill provides for automatic termination of child support upon a child’s reaching 19 years of age, with some exceptions. It awaits only the signature of Governor Christie to become law.


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College Financing and NJ Divorce: A case of premature emancipation?

In previous posts we have discussed that child support obligations may extend beyond a child’s 18th birthday, including college education financing, or even a Master’s or professional degree (law, medicine, dentistry, architecture, etc.). We have also written about how, under certain circumstances, it is possible that a child support order could be modified, whether upward

Census says: Moms also fail to pay child support.

Family law extends beyond divorce. Child support is due and owing, regardless of whether the parties were ever married. In a previous post we discussed some of the expenses that need to be taken into consideration when deciding how much child support a custodial parent will be awarded. While parents may work hard to reach a

New Jersey Child Support: What does it cover? How do you calculate it?

For most parents in New Jersey and elsewhere, having children is the most satisfying part of life. Along with the joy children bring, they also bring great financial expense. While some may not regularly focus on these expenses, the expenses of raising children become front and center upon the parents’ separation and divorce. When determining

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