What happens when a payor ex-spouse becomes disabled after the divorce and is no longer able to pay support obligations? Is he/she still obligated to pay? In determining alimony, counsel fees, and property distribution, income may be imputed to a party who is voluntarily unemployed or underemployed; this requires intentional…
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…
UNDEREMPLOYMENT In some circumstances, a party who is obligated to pay alimony and/or child support may change their employment, earn substantially less than before, and seek to have either obligation decreased on the basis of decreased income. The New Jersey Courts will not overlook this event; it is not a…
More often than not, divorce decrees and settlement agreements are dispositive of physical and legal custody of the children born of the marriage. In most situations, the parties have joint legal custody while one party maintains sole physical custody. The non-custodial parent is awarded parenting-time. In some situations, the custody…