February 19, 2012

Bill Allows for Reduced Child Support Payments In Face of Changing Circumstances

Daily headlines are filled with stories of layoffs and dismal unemployment rates as our economy continues to flounder. People are finding it harder to meet their financial obligations as they face pay cuts or worse - loss of wages. Recognizing our current difficult financial environment, the New Jersey State Senate recently passed a bill that could ease child support obligations for the newly unemployed. (1) If, after reading the following, you need assistance with child support issues, particularly in Hunterdon County, contact the family law attorneys at The Rotolo Law Firm in Lebanon, N.J.

The State Senate on February 16 unanimously approved a bill that would enable people who have experienced a significant change in employment to petition the court for a reduction in their alimony and child support obligations. A “significant change” has been defined as having their wages reduced significantly or being unemployed for more than six months. (1)

New Jersey family courts have long had the authority to reduce support payments in the event of changed financial circumstances under common law. The new bill, however, makes this authority official. (2)

Support payments, particularly child support, are financial obligations that New Jersey courts take seriously. Consequences for failure to pay can include garnishment of wages, interception of tax refunds, adverse reports to credit bureaus and confiscation of assets. Failure of payment can also result in revocation of driver’s licenses and professional licenses, which would affect the ability to work; suspension of a passport, restricting a person’s ability to travel; and a lien on real estate, which would prohibit a person from selling or refinancing a home. Further failure to pay could result in jail time. (3)

While the new bill could make things a little easier for those making the support payments, it obviously does not help the receiving parent who is still faced with the financial obligations of raising the children. To help eliminate the possibility of people using this change to avoid their financial responsibilities to their children, the bill stipulates that judges could refuse to grant a reduction in payments if the obligated party refused to make “reasonable efforts” to find employment or deliberately turned down income in order to avoid his or her obligations. (1)

If you or someone you know needs assistance with child support or alimony issues, particularly in Hunterdon County, contact the family law attorneys at The Rotolo Law Firm located in Lebanon, N.J.

(1) http://www.nj.com/news/index.ssf/2012/02/senate_committee_urges_christi.html

(2) http://www.law.com/jsp/law/sign_me_in.jsp?article=http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202541643474&Assembly_Committee_Advances_Bill_On_IncomeDriven_Alimony_Reductions&slreturn=1

(3) http://www.divorcenet.com/states/new_jersey/new_jersey_child_support_part_2

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February 5, 2012

Where Children Are Concerned, A Name Change Is Not Necessarily A Simple Matter

When a couple divorces, it is easy to understand why some may want to erase all evidence of the failed relationship. That’s one reason behind women reclaiming their maiden names as part of their divorce settlements. But when children are involved, such decisions are not so easy. If, after reading the following, you need assistance with custody-related issues, contact the family law attorneys at The Rotolo Law Firm in Lebanon, N.J.

The New Jersey Appellate Court recently reversed a ruling by a Burlington County Superior Court judge granting a mother permission to change her children’s surname following her divorce from their father. While the couple shares legal custody of their two children, the mother is the parent of primary residence. (1)

The couple divorced in 2010, ending an 11-year marriage. Shortly thereafter, the mother changed the children’s surname to a hyphenated version of her and her ex-husband’s last names without consulting the children’s father. The father filed with the court to have his children’s name changed back. The mother countered with her own petition to change the children’s name to her own. (1)

The procedure for changing the name of a child varies according to the state in which you live. (2) In New Jersey, the procedure for a name change is basically the same for adults and children. A petition must be filed with the court requesting the change and giving a reason for the change. Additional documentation and a hearing may be requested if necessary. Courts primarily are concerned that the change is not being done in an effort to avoid consequences of any legal action pending or for fraudulent purposes. (3)

In the case of a child’s name change, New Jersey requires both parents be involved. If only one parent files for the change, the other parent must be given the opportunity to object if he or she thinks the change would not be in the best interest of the child. (3)

When the above-mentioned case originally was heard, the judge based his ruling on the fact that the mother was the parent of primary residence which, he said, allowed for a presumption in her favor. The Appellate Court, however, said the judge was mistaken because the law upon which the presumption was based did not apply since the couple had been married at the time the children were born. Instead, the Appellate judges ruled, the best-interest test needed to be applied. This test takes into consideration several factors including how long the children had used their surname, how the children identified as a part of a family unit, and any discomfort or embarrassment the children may experience as a result of the name change. (1)

The presumption in favor of a parent of primary residence is mostly used in instances of children born out of wedlock. Even then, though, the Court noted, most states are steering away from this so it does not become an issue in divorce negotiations. It could also be considered discriminatory since parents of primary residence are primarily mothers. (1)

The above-described case illustrates how even relatively simple issues can have complications. If you or someone you know needs assistance with divorce or custody issues, contact the family law attorneys at The Rotolo Law Firm located in Lebanon, N.J., which is in Hunterdon County, New Jersey.

(1) http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202539705405&slreturn=1
(2) http://www.essortment.com/change-minor-childs-last-name-24588.html
(3) http://www.lsnjlaw.org/english/courts/formslawsuits/changename/changenamenj/

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