New Jersey Family Law Blog

Supporting a child is an important role a parent and/or a guardian play in a child’s life be it emotional or moral support and certainly, as any parent can attest, monetary support. However, in the case of a family that is no longer intact, monetary child support often is lacking because of the untimeliness of child support payments. Approximately 38% of child support providers are responsible for medical bills, health care, and various other health care costs of the child so it is important that child support is paid on time. (1)

Unfortunately all too often the non-custodial parent falls behind in child support payments.

Continue reading "Child Support Roundup in New Jersey" »

Parties’ daughter was killed in an automobile accident on October 6, 2007. On January 10, 2008, the plaintiff filed a pro se motion seeking, inter alia, to reduce child support. The plaintiff argued that any modification should be retroactive to the date of the daughters death, while the defendant posited that the filing date of the plaintiff’s motion should go

The applicable law is N.J.S.A. 2A:17-56.23(a), which basically states that child support can not be made retroactive and will only be permitted from the date of the filing of the motion.

The issue here was whether child support is to be amended on the date of the child’s death or the filing date of the motion. There have been several scenarios where the courts have granted retroactive modification to child support. In the case of Keegan v. Keegan, 326, N.J. Super. 289, 741 A.2d 134 (App. Div. 1999), trial court granted a retroactive increase in the aspect of child support. Halliwell v. Halliwell, 326 N.J. Super. 442, 741 A.2d 638 (App. Div. 1999), dealt with the issue of retroactive modification of an obligor who was incarcerated for an extended period of time

The most analogous case to the one at bar was Mahoney v. Pennell, 285 N.J. Super. 638, 667 A.2d 1119 (App. Div. 1995), dealt with whether retroactive modification was permissible in the event of an emancipated child. The court said, “we cannot ascribe to this legislation, nor do we find any indication that the legislature so intended, to bar termination of child support retroactively to the time a child became emancipated.” Id. at 643.

The court in this case said that upon the death of the parties’ daughter, the duty to pay support for her ceased. To bar retroactive modification would be to punish financially an obligor who has thoughtfully, and in good faith, allowed an appropriate period of grieving and healing to take place before seeking redress in court.

Accordingly, this court found that N.J.S.A. 2A:17-56.23(a) does not bar the modification of child support retroactive to the date of death of any of the parties’ children.

New York Times
By: Julie Bosman

The same story echoed a dozen times through Room E8 of Manhattan Family Court in a single day: fathers, pinched by the recession, pleading for a reduction in child support.

A salesman at Saks Fifth Avenue who is estranged from his teenage daughter said he feared he would be included in the next round of layoffs expected at his store.

A man who had been laid off from a factory said he managed to find work at Mets games, but for less pay, $9 an hour. Another man, on the verge of eviction, begged for a break from his $315 monthly payments.

“Last week was my child’s birthday, and I couldn’t get him a present,” he said, burying his head in his hands. “This is killing me.”

Since January, Family Court in New York has been filled with urgent requests like these, alarming judges and overwhelming calendars with what are known as modification cases.

Continue reading "Fighting over Child Support After the Pink Slip Arrives" »

“[A]ny party is free to retire, take a vow of poverty, write poetry, or hawk roses in an airport, if he or she sees fit. The only limit is discontinuance of the financial aid the former spouse requires. The reason for this is that the duty of self-fulfillment must give way to the pre-existing duty which runs between spouses who have been in a marriage which has failed.” Deegan v. Deegan, 254 N.J. Super. 350, 358-59.

Continue reading "Demystifying the imputation of income." »

A three-judge Appellate Division panel recently ruled out binding, nonappealable arbitration as a way to settle custody and parenting time disputes. Arbitration is a favored remedy for settling disputes, but parties can’t bargain away the court’s obligation under the principle of parens patriae to ensure the best interests of children, the appeals court said.

Continue reading "No Binding Arbitration of Custody or Parenting-Time Issues, Court Says" »

Let's say you and your ex have an agreement, whether verbal or written, that you will pay to your ex $300 in child support, when according to the Guidelines, you should be paying $800. Well, this is obviously agreeable to the payor.

Your obligation will certainly change if your ex becomes a recipient of TANF, i.e. welfare. TANF stands for Temporary Assistance to Needy Families.

Continue reading "In New Jersey a Child Support Agreement that Deviates from the Guidelines is Superseded by the State when the Payee is a Recipient of TANF" »

Hamilton v. Mamroud, N.J.Super.A.D. 2007(unpublished opinion).

The parties had one son together. They divorced agreeing to joint custody with mother having primary residence.

Eleven years after the divorce, in November of 2001, the Middlesex County Board of Social Services notified both parties that either could seek a review of child support. The mother notified the board that she was interested in the review.

Thereafter, the father was notified by the Board that it was gathering his financial information from his employer. The board filed a motion to increase support on November 7, 2003, and then again on November 25, 2003 asking the court to make the increase retroactive to November 25, 2001(the date of the original notice).

Continue reading "New Jersey Court Orders Retroactive Increase in Child Support Where Motion was Never Filed" »

On April 26, 2007, Bobby Brown filed a lawsuit against ex-wife Whitney Houston in an attempt to change the custody terms as to their 14 year-old daughter, Bobbi Kristina. In addition to the shared custody, he is seeking child support and spousal support. A court date has been set for June 15, 2007.

Continue reading "Custody Battle – Bobby Brown Sues Whitney Houston" »

In New Jersey, someone other than a child's biological parent can be responsible for making child support payments.

Specifically, under the doctrine of equitable estoppel, persons who are not the natural parents may have an obligation to support those children as to which they are in loco parentis. Ross v. Ross, 126 N.J.Super 394 (J. & D.R. Ct. 1972).

http://www.childsupportweb.com

Continue reading "New Jersey Child Support: Who Pays?" »

Shortly after the distressing news of Anna Nicole Smith’s demise, the fight for baby Dannielynn continued on a shocking upward spiral. The potential father list has risen from two to five!

As previously known, Howard K. Stern and Larry Birkhead were the alleged contenders. The paternity test was postponed from January until February 2007.

However, a strange turn of events has since occurred. Two additional men are contending to be Dannielynn’s father; the bodyguard, Alex Denk, and the prince/Zsa Zsa Gabor’s husband, Prince Frederick Von Anhalt. Additionally, Ms. Smith’s sister alleged Ms. Smith had her late 89-year old husband/billionaire oilman, J. Howard Marshall’s sperm frozen, which has been added to the equation.

Continue reading "Custody Battle Continues -- Anna Nicole Smith's Daughter, Dannielynn!" »

http://www.childsupportweb.com

Does it sound reasonable for a parent to seek a downward modification of his/her child support obligation when he/she has substantial assets sitting a 401(k) account that are not considered in the child support calculation? What about the child's right to financial support?

A party's contribution into a 401(k) account and the income generated in a 401(k) are not used in the child support calculation as it is not considered available to the defendant over an extended period of time. The assets are not ordinarily accessible and the party withdrawing from the account would face an exorbinant tax burden for withdrawing money prior to retirement.
Forrestall v. Forrestall, 389 N.J.Super. 1, 910 A.2d 621 (2006).

Continue reading "Child Support & Your 401(k) " »

So, you don't want to pay child support anymore. What do you need to know?
To start, you should ask yourself the following questions:

1-How old is your child?
2-Does your child attend high school?
3- Does your child work? Full-time or Part-time?
4- Does your college attend college?
5- Does he or she reside with your ex-spouse?

The answers to these questions will determine whether you should file a motion for emancipation.

Continue reading "New Jersey Emancipation" »

As as initial matter, it is important to note the New Jersey court system encourages parties to a divorce to settle. The Courts prefer when parties can resolve financial and custodial issues without judicial intervention. The terms of settlement are embodied in a Property Settlement Agreement, also known as a Marital Settlement Agreement.

Oftentimes, a party files a motion for modification of a specific term in the property settlement agreement. New Jersey Courts permit this. The Courts allow parties to file post-judgment (post-divorce) motions for modifications of property settlement agreements (contracts).

In this respect, the contract, property settlement agreement, is treated vastly different in the family context than in a business or employment context. In the latter, there is very litttle room for change.

Continue reading "Lepis and Anti-Lepis Clauses Defined" »

Let's face it - sometimes non-custodial fathers are delinquent in their child support payments. What is a custodial mother's recourse? Perhaps, the custodial mother can call the probation department or file a motion to enforce litigant's rights. There are many ways to enforce support orders and/or agreements.

May the custodial mother prevent her ex from seeing his children? Quite simply, the answer is 'no'.

Make no mistake about it, a father's refusal to pay child support is frowned upon. However, it is not up to the custodial mother to decide in what manner to best enforce support, especially if the actions affect children. This issue should be handled by the Courts.

Continue reading "New Jersey Child Support and Visitation: Is There a Connection?" »

In New Jersey, inheritance is viewed as separate property and is not subject to equitable distribution irrespective of when the inheritance is received. Nonetheless, inheritance can play a major role in assigning child support and alimony obligations. Keep in mind, inheritance monies should never be intermingled with joint assets. Always keep your inheritance separate from joint assets to avoid it being subject to equitable distribution.

For example, if the payee has stayed home to raise children and tend to the home, she (typically') may not receive all she believes she is owed if she has inheritance monies. The fact that inheritance cannot be divided between the parties, does not prevent the interest earned from investing the inheritance being calculated into support obligations. By this, the payee may actually become a "payor" as well, and be forced to contribute to her support or the support of her children through the interest received on her inheritance.

Continue reading "Support: Using Interest Earned from Inheritance in Calculation" »