Interstate Child Support Payments
When a supporting parent moves across state lines and ceases making or attempts to avoid payment of a child support obligation, he or she may be subject to federal prosecution. The federal Uniform Interstate Family Support Act or (UIFSA) specifies that New Jersey child support obligations can be enforced even if the supporting parent has moved or resides in a state other than New Jersey.
The (UIFSA) act requires employers in all states to comply with the income withholding orders of other states. The act also establishes limits on changes to a support order. The (UIFSA) law protects the supporting parent by limiting support orders in effect to a single jurisdiction.
Whenever more than one state is involved in the establishing, enforcing or modifying of a child support order, the (UIFSA) act is implemented to determine the jurisdiction and power of the courts in the different states.
Child support cases may also involve supporting parents that have relocated to other countries. The State of New Jersey currently has reciprocal child support agreements with 15 other countries.
Child Support Modifications
Attempting to lower or eliminate child support payments can not be accomplished by simply moving out of state. The only way to legally lower or eliminate child support payments is through the filing of a motion asking the court to modify support or to terminate an existing support agreement.
The success of a child support motion is totally dependent on presenting a compelling reason for a change to the existing support order. Job loss due to a disability or a dramatic change in income by either parent are several valid arguments for a change in financial support.
How Can I Get My Child Support Lowered FAQ’s
* How do I collect child support if supporting parent moves out of state?
* Can a supporting parent be jailed in New Jersey for not paying child support?
* Which state controls child support if parents reside in different states?
* Do I need a Lawyer when attempting to modify my child support?
New Jersey Interstate Child Support Lawyers 855-953-3529
Child Support Enforcement
If you have an order for child support payments and the supporting parent is not making those payments or has ceased making timely and complete payments, a variety of enforcement methods can be utilized to ensure support will be paid. On the other hand if you are a supporting parent that is using child support payments as leverage against the custodial parent, you are going about things in the wrong way and support payments will become legally enforced through whatever means are at the disposal of the legal system.
In New Jersey each county has a Child Support Agency that will institute various child support collection processes once late, insufficient or non-payment of child support has been documented. The process of collecting child support payments or enforcement of a support order also applies to past due support as well as health care costs and other payment obligations designated in a support order.
Legally eliminating child support or reducing the monthly support obligation can only be done through a motion to the court or at age 19. A successful motion requires an extraordinary burden of proof to support the motion. The loss of incoming earning capabilities due to a long term health disability or a reduction in income due to the loss of a unique employment situation are examples of legitimate arguments in a child support appeal.
Court Ordered Child Support Enforcement
Child support payments in New Jersey are computerized with tracking and accounting across a broad range of public services and government functions. Non payment of court ordered child support can result in a denial of services and extensive collection processes, some of which are outlined below.
Employer Income Withholding for Child Support
Legal enforcement of child support usually starts with the garnishment of a paycheck. If the non-custodial parent has regular employment, notice is sent to the employer specifying the amount to be withheld as payment to the custodial parent.
Forfeiture of Tax Refunds for Child Support Arrears
If the amount of unpaid child support arrears is more than $150. in cases involving public assistance, tax refunds may be confiscated as a form of payment. In cases not involving public assistance the amount of arrears must exceed $500. to initiate federal or state tax refund forfeiture.
Financial Asset Seizure for Non-Payment of Child Support
All financial assets are at risk for supporting parents not making court ordered child support payments on time and in the correct amounts. Stock, bonds and bank accounts may be confiscated by court order if payment arrears reach significant amounts.
Suspension of New Jersey Driver’s License for Failure to Pay Child Support
If court ordered child support payments have not been made for more than six months the licensing agency may suspend any licenses through court order. This includes any professional, occupational or recreational licenses that a supporting parent may hold or be applying for. Once a payment plan has been established and regular payment have been made, then this type of suspension may be lifted.
Denial of a Passport Application for Non-Payment of Child Support
An application for a passport may be denied if child support arrears of $2,500 or greater are owed by the applicant. New Jersey Child Support Services refers cases to the Federal Office of Child Support Enforcement for enforcement of the passport application denial.
Warrant Issued for Non Payment of Child Support
A warrant may be issued in a child support case if the non-custodial parent fails to appear for a court date or does not comply with court ordered child support payments. An arrest as the result of failure to appear may lead to jail time.
The Law Offices of Jef Henninger are available 24/7 to assist with child support appeals. We offer all new clients a free initial consultation with an experienced Child Support Attorney, call 855-953-3529.
Court Order for Child Support in NJ
The court issues a child support order after a complaint has been filed. The child support order establishes the conditions and dollar amount of financial support. In New Jersey there are Supreme Court guidelines based on a basic mathematical formula for determining the exact amount of support. The guidelines take into account the incomes of both parents, health care and several other variables to set the support amount.
Steps In Calculating Child Support In New Jersey
- Establishing the income of both the custodial and non-custodial parents
- Dividing the total support amount according to income percentages
- Parenting time adjustments to support contributions
- Deductions and additions for special situations
- Finalization of Support Order
Issues such as child visitation and child custody are handled by the Family Court system in the state of New Jersey.
Support Order Atlantic County, Support Order Bergen County, Support Order Burlington County, Support Order Camden County, Support Order Cape May County, Support Order Cumberland County, Support Order Essex County, Support Order Gloucester County, Support Order Hudson County, Support Order Hunterdon County, Support Order Mercer County, Support Order Middlesex County, Support Order Monmouth County, Support Order Morris County, Support Order Ocean County, Support Order Passaic County, Support Order Salem County, Support Order Somerset County, Support Order Sussex County, Support Order Union County, Support Order Warren County
Verifying Paternity and Child Support Obligations in New Jersey
It’s not uncommon to find out that child support is being paid or pursued from a man that is not the biological father of the child in question. Establishing paternity is the most basic ingredient in the child support discussion. When a New Jersey couple is married and the father is present at the child’s birth and signs the birth certificate, he is giving his confirmation of paternity. If the couple is not married, or the father is not present paternity must be established. This is that basis of ensuring that both parents are committing to support their child emotionally and also financially. This is also an important step when attempting to later on collect child support or enforce a support order.
If the paternal father has never voluntarily stepped up to support his child, paternity must be established. Before a court can order child support payments paternity must be established by the voluntary signing of a Certificate of Parentage or if necessary court ordered genetic testing must be performed.
Paternity must be established before the following steps can be taken to ensure the well being of the child.
- Possible Sources for Child’s Health Insurance
- Medical History of Paternal Father
- Benefits Such as Pension / Social Security
- Legacy Family Connections Beyond Father
New Jersey Paternity Verification Options
New Jersey’s Paternity Opportunity Program requires hospitals to provide unmarried parents with the opportunity to acknowledge paternity voluntarily at the time of birth. (LINK – New Jersey POP) http://www.nj-paternity.com/
New Jersey DNA Testing for paternity has come a long way over the past decade. Genetic testing for paternity can now be performed with just a small amount of saliva from both parents and the child.
Child Support Atlantic County, Child Support Bergen County, Child Support Burlington County, Child Support Camden County, Child Support Cape May County, Child Support Cumberland County, Child Support Essex County, Child Support Gloucester County, Child Support Hudson County, Child Support Hunterdon County, Child Support Mercer County, Child Support Middlesex County, Child Support Monmouth County, Child Support Morris County, Child Support Ocean County, Child Support Passaic County, Child Support Salem County, Child Support Somerset County, Child Support Sussex County, Child Support Union County, Child Support Warren County
Passaic County Child Support Lawyers Win Retroactive Emancipation Motion
The firm was hired by a client in 2015 to file for retroactive emancipation way back to 2010. We filed an aggressive motion and we were able to resolve the case so that the child was emancipated back to the year we requested. In addition, the client’s arrears were vacated the probation closed the account. We have an office in Clifton that is easy to reach from anywhere in Passiac County, so if you need help dealing with emancipation, arrears or any child support issue, don’t hesitate to contact us at 1-855-9-JEFLAW to discuss.
Jersey City Child Support Lawyers Win Retroactive Emancipation Motion in Hudson County
In this case, the client hired the firm for an emancipation motion out of Hudson County. Although the motion was filed in 2015, he was asking for retroactive emancipation back to 2012. We filed a hard-hitting motion with the court which was granted. Our Jersey City child support attorneys can help you with any child support motion in Hudson County. Call us at 1-855-9-JEFLAW to discuss.
Camden County Emancipation Lawyers Win Motion For Client
Recently, the firm helped a client emancipate two of this children. Both were over 18 and at least one probably should have been emancipated quite some time ago. We filed a motion to emancipate both of them. The Court granted the motion as to both children. As a result, the client’s child support obligation was completely terminated.
Our Camden County child support lawyers have an office in Cherry Hill, right off of Route 70. We are easy to reach from anywhere in Camden County. If you need help with your emancipation case, call us at 1-855-9-JEFLAW to discuss your case with us.
How to stop alimony in New Jersey
If you are paying alimony in New Jersey and you want to stop paying it, you have to file a motion with the court. You just can’t stop paying. That can get you in a lot of trouble and may even lead to arrest. Some people say that a motion to stop your alimony in New Jersey is impossible. This is just not true. Are these motions easy? Of course not but don’t let anyone scare you against looking into this option. Motions to stop alimony payments in New Jersey can be won. They just have to be done the right way.
If you are looking to stop your New Jersey alimony payments, call our team of tough, smart lawyers today at 1-855-9-JEFLAW to discuss your case. Our consultations are free.
Reducing NJ Alimony Due to Unemployment
This economy has made it very difficult for many to find jobs so if you get laid off, it may take quite a while to get a new job to replace your income so that you can continue make your alimony payments. You would think the the system would be lenient given the state of our economy over the last few years but no, many people have been arrested and thrown in jail for failure to pay alimony. You can avoid all of this by taking action right way.
The first thing to do is to contact a lawyer and advise him or her that you are unemployed and are paying alimony. From there, there attorney will want to see your settlement agreement. The terms are very important as it may have contemplated what happens to your New Jersey alimony obligation if you become unemployed even if doesn’t say that specifically. From there, the exact strategy will depend on the unique set of facts for each case. However, this may include sending a letter to the other side to advise them of the problem. Sometimes these cases can be negotiated without court involvement. This result in very little expense to the client.
If a motion must be filed, it has to be well thought out and carefully planned if you want it to be successful. Again, this means meeting with a lawyer right away. Your lawyer will have to walk you through exactly what you have to do to help him/her put together a successful motion. Most motions that lose are not carefully planned.
Defending an Alimony Motion in New Jersey
If you are receiving alimony and your former spouse has filed a motion to reduce or terminate alimony, our team of tough, smart lawyers can help you defend the motion to keep your alimony payments intact. Alimony motions must follow strict procedural rules. If any of these rules are not followed, our lawyers will work to defeat the motion on procedural grounds. There are also a number of things that have to be proven in order to even have a shot at reducing an alimony award. We will go through all of their claims and tear them apart to defeat the motion on substantive grounds. As you can see, our NJ alimony lawyers attack alimony reduction or termination motions aggressively on all fronts.
If you have to respond to an alimony motion in New Jersey, call our law team today at 1-855-9JEFLAW. Our initial consultations are free.
Cohabitation Proof NJ
In New Jersey, proving cohabitation is one of the key ways that the supporting spouse can reduce or eliminate his or her alimony obligation. There are a number of ways to prove cohabitation but the most common is to hire a private investigator. The investigator will prove cohabitation by documenting that the two parties are sleeping in the same house over a period of time as well as spending a lot of time together. However, not every private investigator really knows what they are doing. Thus, you should not just hire one and have him or her start surveillance. You could wind up wasting a lot of money. Instead, you should first consult with a New Jersey alimony reduction lawyer to discuss a strategy. The lawyer can then help you choose an investigator and the guide him or her as to what to do and how to document it.
There are other ways to prove cohabitation in addition to or in lieu of surveillance by a private investigator. Again, before you do anything, call an experienced alimony reduction attorney first, like the attorneys at the Law Firm of Jef Henninger, Esq. Doing anything on your own could lead to problems.
Increase Alimony in New Jersey
In some New Jersey divorce cases, the person receiving alimony had to accept less alimony than they otherwise would have received because there just wasn’t enough money to go around. Some time after the divorce, the supporting spouse may experience an increase in income. As a result, the supported spouse will likely have a good claim to then file a motion to increase alimony. Any type of alimony motion must be done carefully. Our team of tough, smart family law attorneys can help you file a motion to increase alimony in any New Jersey court. Our initial consultations are free, so call our team of NJ alimony lawyers today to discuss your case.
How to lower alimony payments in NJ
In some cases, the former spouse paying alimony in New Jersey does not want to terminate alimony but is seeking to lower their alimony payments. The reasons for this may be a loss of job or increase in expenses. Another reason may be an increase in the support spouse’s income. Regardless of the reason, the motion has to be carefully crafted as these motions are not easy. Just because you may have talked to other people that were not successful, you should not think that these cases are impossible.
Our team of tough, smart lawyers have been very successful in helping clients lower their alimony payments. Call us today to discuss your case to see how we can help you lower your New Jersey alimony obligation for no cost since our consultations are free.
How to terminate alimony in New Jersey
There are a number of ways to terminate alimony in New Jersey. A partial list of ways to terminate alimony include:
-loss of income
-increase of income for the supported spouse
-vacating the property settlement agreement
-remarriage of the supported spouse
You can be sure that your former spouse will do everything he or she can to fight against any motion to terminate your NJ alimony obligation. That is why you need a team of tough, smart lawyers on your side that will file a hard hitting motion on your half. You just can’t file a motion and hope for the best. These motions have to be prepared carefully sometimes even months in advance. Before you do anything, call our NJ alimony termination lawyers at 1-855-9-JEFLAW to discuss your case for free.
Filing a child support motion in new Jersey when you live out of state
A large percentage of our clients live outside of New Jersey. Either they moved out of New Jersey after their child support case was filed or they were never there to begin with. Regardless of who lives where, if your cases started out in New Jersey, it will likely stay there forever. Attempting to fill out the motion papers and then handling the court appearance can be daunting for most. Flying in to just attend one court appearance can be quite costly. Even worse is that some case do not conclude in one day. You will then have to spend even more money to come back. Once you add up the flight, airport parking, court house parking, meals, hotel, etc, you may wind up spending more than what you would spend on an attorney.
Our child support attorneys can do everything for you in most cases without you having to ever come to New Jersey. It starts with the initial consultation. This can be done right over the phone and it rarely takes more than just a few minutes. Even better is that we are available 24/7/365. We will discuss your case to see if we can help you. If we can, we can take a credit card or debit card right over the phone. Please note that your information is secure with us. We have represented thousands of clients and no one’s credit card information has ever been compromised. If you don’t have a credit card, you can overnight us a check or money order.
Once we have your payment, we will email you a fee agreement. This confirms that you have paid and sets forth the terms of our representation. After you sign that, you can scan and email it back to us or you can fax it to us. At the same time, you can provide us with a write up for what you are looking for along with any supporting documentation you might have. We will then draft a motion (often times in 48 hours or less) and then email or fax you a draft of the motion for you to review. Once we settle on a final draft, you will sign and send that back to us. Your original signature should not be needed. We will then file a motion with the court.
Once the other side receives our motion, they may file a response, If this happens, we will email same to you so that we can discuss our response. After will send in our response to the court, we will have a court date. In almost all cases, there will be no need for you to appear. After the hearing is over, we will call you to (hopefully) share the good news. We will then email you the order and close the case.
Please note that the above procedure is almost the exact same procedure that is followed for clients that live in New Jersey but choose to come into the office. Thus, but of the initial consultation taking place in person, the rest of the case may often unfold the exact same way. As you can see, there is little to no difference whether you are down the street or halfway around the world. We can fight for you not matter where you live. Call us anytime at 1-855-9-JEFLAW to discuss your child support case.
Winning Your New Jersey child support case
No matter what side of the case you are on, you clearly want to win your child support case in New Jersey. The best way to win the case is to hire an attorney and have him or her do everything for you. Of course there have been people that have handled their case on their own with success but there are also countless others that wish that they could have done things the right way from the start. See, you don’t get any special treatment because you don’t know the rules. In fact, many things may work against you. Often times the person deciding your case, such as a judge or hearing officer, may be completely wrong about your case and/or the law that applies. Since you don’t know the law, you can correct this person. For a lawyer to later attempt to correct this problem could cost you far more than it would have cost you to hire a lawyer to do it right the first time.
Regardless, the key to winning your case is to be organized. Too many people lose important paperwork such as court orders, tax returns, pay stubs, property settlement agreements, etc. You need to keep all of these documents organized and in a safe place.
Another way to help win your case is to act now and not wait. I see a lot of people on both sides of the case waiting years to file a motion. I’ve also never really heard a good excuse as to why they waited. If you think that you are owed money from the other person one way or another, you need to move now. Filing a motion to request money back from years ago rarely turns out well. You may run into problems proving your claim because the records needed have been lost. You may also lose simply because you failed to move for relief in a timely fashion. I have helped numerous clients avoid having to pay support from several years back by arguing that this delay has prejudiced my client.
My final tip is to type your motion instead of writing it out and to be as coherent as possible. Stick to the facts. Don’t bash the other side. State what you want, why you want it and what evidence you have that proves your claim. Be sure to attach that proof with your motion.
Of course, we will do all of this for you. Call us at 1-855-9-JEFLAW to discuss your child support case to see how we can help you win.
A common question that comes up on both side of the child support issue is what is included in the child support guidelines figure? Sometimes this is set by an agreement while other times it is set by court order. Regardless, the New Jersey Court Rules contains a section that details exactly what is included. The relevant section of the rules indicates that the New Jersey child support awards include the child’s share of expenses for housing, food, clothing, transportation, entertainment, un-reimbursed health care up to and including $250 per child per year, and miscellaneous items.” It then further details these categories as follows:
Housing – carrying costs (i.e. mortgage, loans, taxes, insurance, repairs, maintenance) rent, furniture, law products, fixtures, decorations, etc.
Food – All food and non-alcoholic beverages purchased which includes restaurants and school meals. Since children should not be drinking and smoking, this does not include alcohol and cigarettes.
Clothing – clothing, uniforms, shoes diapers, repairs, cleaning, laundry, and jewelry. However, sports items such as cleats are not included.
Transportation – All motor vehicle costs such as initial cost, lease payments, finance charges, gas, oil, insurance, maintenance and repairs. In addition, mass transit, parking fees, driver’s license and registration fees, towing and tolls. However, this is all for the parent. It does not include the same expenses where the child will be the primary driver.
Unreimbursed Health Care Up to and Including $250 Per Child Per Year – This is basically co-pays.
Entertainment – Sporting and social events, music lessons and other instructions, cell phones, music, pets, hobbies, toys, video games, etc.
Miscellaneous Items – Personal care products such as hair produces, shaving cream, make up, etc, books, magazines, school supplies, etc.
Expenses included in the New Jersey Child Support Guidelines
This list is important because sometimes parents either claim that they don’t have to pay something because its included in the child support or the other parent claims that they are owed more money even though they are receiving child support. Before you pay anything or assume the other parent doesn’t owe you anything, call our team of tough, smart NJ child support lawyers today at 1-855-9-JEFLAW to discuss your case.
Unlike other states, in New Jersey you will have to pay child support for an adult child. Unlike a minor child, an adult child can work and quite often they do work. While this might just be a summer and/or weekend job, it is still income that the child is bringing. This leads many to ask: shouldn’t my New Jersey child support obligation be reduced for my adult child? While the answer quite often is yes, its not as simple as just asking for it. There are a number of different legal issues that have to be addressed.
Reduce child support for adult child
One of the most crucial factors here is whether or not the child is living at college. If the child is living at college, his or her tuition should already cover their living expenses. The child does not need to live in two different places at the same time. As a result, the child support should be lowered. Another issue is the adult child that just stays home all summer and doesn’t work. Arguments can be made that the child should be able to work and thus, the child support should be lowered.
If you are looking to lower your child support for an adult child, call our team of tough, smart NJ child support lawyers. Initial consultations are free so call us at 1-855-9-JEFLAW to discuss your case.
If you have child support arrears of $2,500 or more, your passport application can be denied. The New Jersey Child Support Program refers these cases to the Federal Office of Child Support Enforcement (OCSE), which is part of the US Department of Health and Human Services. That agency in turn works with the US State Department to deny passport applications or renewals for anyone who reaches the $2,500 mark. New Jersey has a zero arrears policy, which means that the child support arrears must be paid in full before the passport restriction will be removed.
Reinstate passport that was denied to child support arrears in NJ
If your passport has been denied due to child support arrears in New Jersey, we can help you contest the decision through the NJ Office of Child Support Services. There are a number of arguments that can be made including that the child support arrears never exceeded $2,500 or that the travel is required for employment, a serious medical emergency, or the imminent death of an immediate family member. There are other arguments that can be made as well.
Winning a Newburgh hearing in New Jersey requires careful planning, attention to detail and an aggressive lawyer. There are often a lot of details that need to be handled in order to come out on top. Its not as simple as saying this is how much I make and this is how much college costs. A Newburgh hearing involves a lot more than just that. In fact, some of these cases can get quite complicated and thus, they can drag out. Most of our clients want to win the case without it taking a lot of time and money. Thus, our team of tough, smart lawyers know to win a Newburgh hearing without breaking the bank. There are a number of strategies that we can use to make sure that this is handled the right way.
How to win a Newburgh hearing
Winning a Newburgh hearing starts with filing a hard hitting, detailed motion. Taking the lazy way out is not going to cut it. Our Newburgh hearing lawyers know how how to file everything that is needed to not only put you in the best position to win but to also show the other side that we mean business. There are a number of different cases that have come out that can be used to win your case. The legal briefs that are our attorneys file also have a lot of detail. As you can see, detail is important.
If you are facing a Newburgh hearing in any court in New Jersey, call our team of tough, smart lawyers to discuss your case for free.
Winning a child support motion in New Jersey is not always easy but it isn’t nearly as impossible as some make it out to be. Of course, winning a motion depends on a variety of factors including what side of the case you are on, what you are looking to do, what the prior orders say, what your evidence shows, what evidence you have provided, what the law says, who the judge is and who your lawyer is. Of all of that, one of the most important factors in winning your NJ child support motion is who your lawyer is. You probably can’t do anything about who the judge is but you can pick your child support lawyer.
Your New Jersey child support attorney will take all of the facts and apply them to the law so that you stand the best chance of winning. Detail is incredibly important. You just cannot file a motion stating what you want and expect to win. Also, not every lawyer will put the time and attention into your case.
How to win a child support motion in New Jersey
Our team of tough, smart NJ child support lawyers will fight for you to make sure that your motion has the detail necessary to be as strong as possible. We also file briefs that contain the law that is necessary. This is very important because you cannot expect that the court will understand all of the law. Remember, judges are people to and the easier you make it for them, the better chance you will have to win your child support motion.
Our initial consultations are always free, so call us now at 1-855-9-JEFLAW to discuss how we can help you win your New Jersey child support motion.
How to emancipate a child in New Jersey
Contrary to what many people think (but they will eventually find out) child support does not automatically end in New Jersey. In fact, unless a judge signs an emancipation order, child support will continue forever. Thus, if you want to end your child support obligation, you will have to file a motion for emancipation. If successful, you will receive a court order that terminates your child support. The best way to file a motion to emancipate a child in New Jersey is to hire an experienced family court lawyer. This is because your lawyer will handle everything for you. You will not have to figure out how to file the motion. Just follow the lawyer’s instructions.
In general, the process is as follows. A notice of motion, a certification and a proposed order must be filed for all FM cases (post-divorce cases). If you were never married to the other parent, you have an FD case and you will have to use the FD motion packet. You are fully responsible for crafting your arguments using a combination of facts and law. Again, this is difficult to do if you are not an attorney so you should let your attorney handle this for you. The other side will then file a response (although with an FD case, they may not). If a response is filed, you can then reply to that. You will then have a court appearance where you can argue your emancipation case in front of the judge. The judge will then issue an order either granting or denying your motion.
For whatever reason, our lawyers file a lot of motions for people that are looking to emancipate their children. However, we also represent the parent that is defending against an emancipation motion that is filed in New Jersey. Because our New Jersey child support lawyers have experience in filing so many emancipation motions, we know what works and what doesn’t. Thus, our team of tough, smart attorneys can help you fight back against an emancipation motion so that your child support continues.
How to defend against an emancipation motion in New Jersey
Part of defending against an emancipation motion in New Jersey is understanding the evidence and the law that needs to be applied to your case. If the child is an adult, the burden is on you. While this is not an incredibly high burden, you still have a lot of work to do. Our child support lawyers know how to put the right motion together. We also know the child support laws in New Jersey. We’ll put together a hard hitting response to make sure that you come out on top.
Our initial consultations are always free, so if you have been served with a motion for emancipation in any court in New Jersey, call our lawyers today at 1-855-9-JEFLAW to discuss your case.
Emancipation of a minor in New Jersey
Emancipating a minor doesn’t happen often in New Jersey, especially since most children go to college. However, there are some children that drop out of high school and start working. They may move out on their own or move in with a friend. In those types of cases, emancipating a minor may be possible. The motion process is the same as emancipating any child. However, the difference is that the burden is on the person filing for the motion. Contrast this with a motion to emancipate an adult child where the burden is on the other parent. Thus, these motions are not that easy but they can be won with the right set of facts and arguments.
If you are looking to file a motion to emancipate a minor in New Jersey, call our team of tough, smart lawyers to help you. Our attorneys know how to file hard hitting motions that can help you get the job done. Our lawyers practice in every court in NJ so call us today at 1-855-9-JEFLAW to discuss your case for free.
Winning the ability to pay hearing in New Jersey
In New Jersey, if you are arrested on a child support bench warrant, the court will hold an ability to pay hearing. Just like it sounds, the court will determine your ability to pay the arrears that are outstanding. Someone from the probation department will be there to help the court set the amount that is needed for you to be released. This is called a purge. Too many people show up to an ability to pay hearing without an attorney. Unfortunately, some of these people wind up being held over in jail until the next court date. To avoid that, you should hire an attorney to represent you during the ability to pay hearing.
Our NJ child support lawyers will go to court fully prepared to win the hearing. We know the law and the procedures for issuing warrants. We will use the law and these procedures to do everything possible to make sure that you do not go to jail. If you are facing an ability to pay hearing in any court in New Jersey, call our team of tough, smart lawyers to fight for you. Our initial consultations are always free.
If you do not agree with a recent child support order, you have a few options. If it is within 20 days, you can file a motion to reconsider. This type of motion essentially says that the court made a mistake. As you an probably imagine, this is not an easy motion to make as judges don’t like to get told that there was an error. Thus, it is strongly advised that you retainer an attorney. Our NJ child support lawyers can help you vacate that child support order so that it is correct.
Child Support Order Appeal NJ
A motion to reconsider is not always the best option. Sometimes the better option, (or in cases where it is more than 20 days, the only option) is to file an appeal. An appeal for a child support order is filed with the Appellate Division which is a higher court. A panel of two to three judges will review the paperwork that you file and decide if the lower court (the trial judge) made a mistake. While a child support appeal is not usually that complicated and thus not that costly, the appeals process itself incredibly complicated even for some attorneys. Thus appealing a child support order in New Jersey is not something you should probably try on your own. Our NJ child support appeal lawyers have the experience necessary to help you get your appeal filed right away. If you don’t appeal your child support order, it may be wrong week after week. Pretty soon, it will cost you more to pay the wrong amount than it would have been to just hire a lawyer and fix.
Initial consultations with our New Jersey child support appeal attorneys are free, so call us today to discuss your case.
Paying child support directly to child in New Jersey
A very common problem in New Jersey is when a person pays child support but the child does not really see any of the money. In many situations, there is not much you can do about it. However, a recent case has indicated that for adult children, the child support payments can made directly to them. To accomplish this, a motion must be filed with the court. This isn’t the easiest motion to file but the case law does allow for it.
To win this motion, it helps to have a knowledgeable NJ child support lawyer. You also need to have some argument and analysis behind the motion, Simply asking for the child support to be paid to your adult child is probably not going to cut it. Instead, you will need to explain why this is necessary. Our New Jersey child support attorneys file hard hitting motions so we will throw everything we have to make sure that your child support gets paid directly to your child. This way, you know that the child support is not being used as a form of alimony.
In New Jersey, child support cases are often handled by hearing officers. A hearing officer is not a judge. They are there to lessen the burden on the judges. Some of them are good but we have seen some that just don’t get it right. The key thing to know is that they should not bully you around and you don’t have to listen to them. Their decision is a recommendation and nothing else. You have the right to see a judge about your child support case.
If you have already been in front of a New Jersey child support hearing officer and you are not happy with their decision it is important to call an attorney right away to discuss your options. Our NJ child support lawyers can file a motion to vacate the hearing officer’s order and get you in front of a judge so that your child support matter can be addressed properly.
Cost of Living Adjustment for NJ Child Support
When child support is paid through probation in New Jersey, an automatic Cost of Living Adjustment, or COLA increase will apply. This applies to all child support order paid through probation and occurs every two years. Right around that time period, probation will send both parties a notice of the increase. The percentage used is based upon Consumer Price Index. When the notice is received, the party paying child support has 30 days to contest the increase with Probation.
Our NJ child support lawyers can help you contest this COLA increase. These increase are challenged on the following grounds: (1) your income has not increased at a percentage at least equal to that percentage OR (2) the child support order already provides for an alternate method of periodic COLA adjustments. After considering your submission, the Probation department will make a recommendation and notify the parties of the recommendation. If either party is dissatisfied with their determination, they can request a hearing. Just like any other hearing officer’s decision, that decision can be appealed to the judge.
In addition to objecting to the COLA increase, now is a good time to have your entire child support order reviewed. If you are facing a child support COLA increase in New Jersey, call our team at 1-855-9-JEFLAW for tough, smart attorneys today to see how we can help you avoid the increase and reduce your child support obligation.
Child support arrears in New Jersey can quickly spin out of control. The best way to reduce your child support arrears is to stop them from increasing. First, you need to make sure that your child support figure is as low as possible. This way you are not increasing your arrears and thus compounding your problem. Second and related to the first, you need as much money to pay down you arrears if you choose to do that.
Of course, none of that helps you reduce the amount right away. If you want to make a serious dent into your arrears, you’ll need to talk to a NJ child support lawyer about an audit of your account and review of the child support orders for your case. There are some cases where the child support figure is wrong and thus has been wrong for many years. Although you didn’t pay all of your child support over the years, you didn’t really have to pay all of that. Your lawyer could file a motion to correct the prior order and thus recalculate the arrears.
Reducing Child Support Arrears in New Jersey
Arrears can also be recalculated due to retroactive emancipation. Emancipation can and often is ordered several years prior to the date the motion is filed. As a result, the order will wipe out all of your child support arrears from the date of emancipation onwards. Still yet another option is to pay a large portion of the arrears in exchange for the entire amount to be wiped out. This can be done by way of consent order that your lawyer can get for you.
If you need help to reduce your child support arrears in NJ, call our child support lawyers today to discuss your case with our free consultation.
How to reinstate driver’s license that was revoked due to child support arrears
If your child support payments have not been paid for six months or more, the court may order the Motor Vehicles Commission to suspend, revoke or deny any your driver’s license. This can include your CDL. As a result, its going to be very difficult for you to work and therefore, try to pay your child support in the first place. Once your receive notice that your driver’s license will be suspended, you may be given just 30 days to pull the full amount owed. If you can’t, you can send a letter asking for a review by the Administrative Office of the Court (AOC). The AOC will try to resolve the matter without it going to court but if it cannot, a court hearing is scheduled.
Chances are, you probably have a number of child support issues if you are facing a driver’s license suspension. Our New Jersey child support lawyers can not only help you with your driver’s license issue but we can help you with all of your child support issues. We will file a motion with the court to get you the relief you need to correct your issues. Call our NJ child support attorneys today at 1-855-9-JEFLAW to discuss your issues for free.
If you have a child support warrant in New Jersey, you may live in fear of being arrested every single day. There is simply no reason for this. You can do something about it. There are only certain situations in which a judge can issue a bench warrant in New Jersey. However, judges do sometimes issue warrants that are not proper. As a result, our NJ child support warrant lawyers can help you vacate the warrant against you so you don’t have to live in fear any longer.
When you hire our lawyers for your bench warrant, we will start be reviewing your entire case. Chances are, there may be a number of ways that we can help you. Since we are going to court anyway, we might as well handle all of your issues. Our retainer will likely be the same. We will then formulate a plan to vacate the warrant and assist with all of your other child support issues. This involves filing a motion and our team of tough, smart attorneys file hard hitting motions. Because we know that you want your child support bench warrant removed right away, we will make sure that your motion is filed right away.
To discuss how our NJ child support lawyers can help you remove your bench warrant, call us anytime at 1-855-9-JEFLAW for a free consultation.
When parents go through a divorce, one of the biggest fears is that your ex-spouse will have your child turn against you and your family. The divorce process is sadly known to tear apart some families and one of the ways this occurs is through parental alienation. Parental alienation is when one parent is heavily influencing the child to hate the other parent, sometimes even to the point of no longer wanting to speak or see the other parent. When the situation gets to this point, major damage to the parent-child relationship has occurred.
Child custody battles, as well as child support arrangements, are already aspects of a divorce that are highly contested and stressful for both sides. While the motive for parental alienation is not the same for every case, some parents may do this in order to help seek more custody, parenting time or child support payments. However, proving that this is indeed what the parent is trying to do is very hard. However, with the right attorney, it is certainly possible.
Parent Alienation in NJ Child Support Cases
Parental alienation in its earliest stages are very subtle. Children are known to be susceptible to suggestion and by the time the affects of parental alienation are noticeable, extreme damage has already been done to the parent-child relationship. It can only take months or even weeks for irreversible relation damage to be done. Even so, there are still some signs to keep an eye out for to see if your child is being influenced by your former spouse that will help you take action sooner rather than later. You will need evidence that the relationship with your child is being strained and altered due to the conduct of the other parent. Some types of evidence of this can be if the other parent badmouths your character in front of the child, asks your child to spy on you, exaggerates minor flaws, the other parent tries to “rescue” the child from visitation with you, he or she denies phone contact with your child, and tell your child to willingly choose to not spend time with you or to pretend you do not exist. Sometimes the other parent will also try to file motions to restrict or limit parenting time or custody, saying that there was prior abuse and has convinced the child of this.
While this does not occur in every divorce case, if you or a loved one suspect that your former spouse is working on parental alienation from you and your child, make sure you speak with a child custody attorney immediately. You do not want to be accused of making unfounded accusations and you do not want to wait too long for possible severe damage to occur in your parent-child relationship. At the Law Offices of Jef Henninger, Esq., our professional parental alienation lawyers will fight hard to save your parent-child relationship and to help you exercise your parental rights. Do not passively accept the lack of contact with your child and don’t ignore the warning signs of parental alienation. Speak with one of our parental alienation attorneys with our 24/7 hotline at 1-855-9-JEFLAW and receive a free initial consultation today!
Hunterdon County Child Support Lawyer helps mother emancipate her child
This was a long, tough fight. First, the child went to a very expensive school and we had to fight that case. Then, the child dropped out of school. Instead of the other side just agreeing to the emancipation motion, they fought us on it. Instead of settling the case like the other lawyer would have preferred, we took the case to court. As a result, we won and were able to get the child emancipated retroactively. This shows that mothers do pay child support and that our lawyers represent both mothers and fathers.
Newark Child Support Lawyers helps client defeat motion for emancipation and reduction in child support
Newark Child Support Lawyers helps client defeat motion for emancipation and reduction in child support
In this case, client hired us to defend against a motion for emancipation or in the alternative, a reduction in child support. Not only did we win the case, we were able to get the client a nice child support award with a big arrears payback figure, 50% of our counsel fees and a missed payment bench warrant status.
Once again, this shows that we will fight for either side. It all depends on who hires us. If you need help fighting against an emancipation motion, call us anytime.
New Brunswick Child Support Lawyers help client emancipate child by defeating claim that child was too disabled to be emancipated
New Brunswick Child Support Lawyers help client emancipate child by defeating claim that child was too disabled to be emancipated
This client has been fighting a war with the other side for years. The other side will stop at nothing to prevent him from having a relationship with him which the judge actually acknowledged. Despite a court order that requires the other side to provide this client with various documents and other information, she refused to do so. The client filed a motion on his own but then decided to get us involved. The mother claimed that the child was too disabled to be emancipated and provided the court with a number of documents. We fought back hard and after two court appearances, we were able to get the child emancipated because we showed that she failed to meet her burden of proof.
Thus, this is just another case with a Kruvant issue in which we were successful.
North Jersey Child Support Lawyer helps mother unemancipate child and get lump sum payment for college
North Jersey Child Support Lawyer helps mother unemancipate child and get lump sum payment for college
In this case, the client went to court without a lawyer was unable to defeat the father’s motion to emancipate the child. She then tried to file a motion to unemancipate the child several times and lost every time. She finally hired us and we won the motion to unemancipate the child. We litigated the case for quite some time and in the end, we settled the case by obtaining a $20,000 lump sum payment for child support and payment for community college.
This shows that our New Jersey child support lawyers can and do fight for both sides.
Permanent alimony is awarded after a lengthy marriage for unlimited duration in recognition of prolonged economic dependence and sustained contribution to a marital enterprise. All other factors being equal, the defining distinction” between permanent and limited duration alimony is the duration of the marriage. Id. at 483. Thus, limited duration alimony is available to dependent spouses who contributed to a relatively short-term marriage, and who have “the skills and education necessary to return to the work force.” Gordon v. Rozenwald, 380 N.J. Super. 55, 65-66 (App. Div. 2005).
Long Term Alimony in NJ
Permanent alimony is actually a bit of a misnomer. It should be called long-term alimony as almost no alimony obligation is really permanent. Assuming no other issues would trigger a modification or termination, retirement will often end a permanent alimony obligation. The only problem is that there is no specific age at which one can retire and therefore end an alimony obligation. Instead, one must file a motion. Of course, there may be a rare case where alimony does continue post-retirement.
Limited duration alimony accommodates the marital partnership principle by “recogniz[ing] in certain marriages that a permanent alimony order—or no alimony award at all—is an injustice, and [that] the law must provide sufficient flexibility to enter orders fulfilling not only the statutory directives but the fundamental purposes of alimony.” Louis, Limited Duration Alimony. This flexibility mandates an appropriate judicial analysis of the statutory factors when contemplating an award of more than reimbursement or rehabilitative alimony, the former being awarded to recognize past forbearances and the latter to meet fixed future needs. Limited duration alimony is to be awarded in recognition of a dependent spouse’s contributions to a relatively short-term marriage that nevertheless demonstrated the attributes of a “marital partnership”. In determining whether to award limited duration alimony, a trial judge must consider the same statutory factors considered in any application for permanent alimony, tempered only by the limited duration of the marriage. All other statutory factors being in equipoise, the duration of the marriage marks the defining distinction between whether permanent or limited duration alimony is warranted and awarded.
Thus, limited duration alimony is probably the most frequently awarded alimony obligations in New Jersey. While there are not clear guidelines as to when there is no alimony obligation, a limited duration alimony obligation or a permanent alimony obligation, your lawyer should be able to give you a range of possibilities for your case.
Reimbursement alimony in New Jersey is rare. It has previously been characterized as not truly support but an equitable creation designed to eliminate injustice. See Mahoney, 91 N.J. at 500-01, 503 & n. 5 Reimbursement alimony is intended to compensate a spouse who has made financial sacrifices resulting in a reduced standard of living by enabling the other spouse to forego gainful employment while securing an advanced degree or professional license to enhance the parties’ future standard of living. Id. at 500-01; N.J.S.A. 2A:34-23(e).
Reimbursement alimony is thus limited to “monetary contributions made with the mutual and shared expectation that both parties to the marriage will derive increased income and material benefits.” Mahoney, supra, 91 N.J. at 502-03 See also Reiss v. Reiss, 200 N.J.Super. 122, 125 (Ch.Div.1984), aff’d, 205 N.J.Super. 41 (App.Div.1985) (questioning whether reimbursement alimony is truly alimony as it based primarily on past contributions rather than future needs). As in the case of rehabilitative alimony, reimbursement alimony may be awarded separately or in combination with any other form of alimony. N.J.S.A. 24:34-23(f).
NJ Reimbursement Alimony
If the other spouse is making a claim for reimbursement alimony in your divorce case, call the leading Alimony Lawyers in NJ today to discuss your case.
Rehabilitative alimony permits a short-term award from one party in a divorce case to enable the former spouse to complete the preparation necessary for economic self-sufficiency after the divorce. ,” Hill v. Hill, 91 N.J. 506, 509 (1982); Milner v. Milner, 288 N.J.Super. 209, 213-14 (App.Div.1996). Thus, it ceases when the dependent spouse is in a position of self-support. Hughes v. Hughes, 311 N.J.Super. 15, 31 (App.Div. 1998).
Rehabilitative alimony thus represents an appropriate remedy where, for example, a spouse who gave up or postponed his or her own education to support the household requires a lump sum or a short-term award to achieve economic self-sufficiency. Mahoney, supra, 91 N.J. at 504, 453 A.2d 527. However, its purpose is to “enhance and improve the earning capacity of the economically dependant spouse.” Frank Louis, Limited Duration Alimony, 11 N.J. Fam. Law. 133, 135 (1991). Thus, even where a spouse didn’t give up an education, it can still be used where the spouse will pursue an education. This is because the focus of rehabilitative alimony is upon the ability of a dependant spouse to engage in gainful employment, combined with the length of the marriage, the age of the parties, Heinl, supra, 287 N.J.Super. at 346-48 and the spouse’s ability to regain a place in the workplace, Cerminara v. Cerminara, 286 N.J.Super. 448, 460 (App.Div.), certif. denied, 144 N.J. 376 (1996).
If you would like to discuss your chances of getting rehabilitative alimony in your New Jersey divorce case, call our rehabilitative alimony lawyers today to discuss your case.
Calculating alimony in New Jersey is more art than science. While there is a rule of thumb that is used around New Jersey, the proper way to calculate alimony is to follow the factors below.
(1) The actual need and ability of the parties to pay;
(2) The duration of the marriage;
(3) The age, physical and emotional health of the parties;
(4) The standard of living established in the marriage and the likelihood that each party can maintain a reasonably comparable standard of living;
(5) The earning capacities, educational levels, vocational skills, and employability of the parties;
(6) The length of absence from the job market of the party seeking maintenance;
(7) The parental responsibilities for the children;
(8) The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment …;
(9) The history of the financial or non-financial contributions to the marriage by each party …;
(10) The equitable distribution of property ordered and any payments on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair;
(11) The income available to either party through investment[s] …;
(12) The tax treatment and consequences to both parties of any alimony award …; and
(13) Any other factors which the court may deem relevant.
In the average case, most of these factors will not be considered. However, if alimony is a hotly contested issue, some of these factors can be used to help your lawyer argue for the alimony obligation you are seeking.
To learn more about this from our experienced team of NJ alimony lawyers, please call 1-855-9JEFLAW today!
In New Jersey, the award of alimony to a divorcing spouse is provided for by statute: “after judgment of divorce or maintenance … the court may make such order as to the alimony or maintenance of the parties… as the circumstances of the parties and the nature of the case shall render fit, reasonable and just”. N.J.S.A. 2A:34-23. What that means in English is that payments must be made to from one spouse to another after the divorce. The prevailing principle in fixing an alimony award, as detailed in Lepis v. Lepis, 83 N.J. 139 (1980), was recently reiterated by the New Jersey Supreme Court: “the goal of a proper alimony award is to assist the supported spouse in achieving a lifestyle that is reasonably comparable to the one enjoyed while living with the supporting spouse during the marriage.” Crews v. Crews, 164 N.J. 11, 16 (2000); Innes v. Innes, 117 N.J. 496, 503, 569 A.2d 770 (1990) (citing Mahoney v. Mahoney, 91 N.J. 488, 501-02 (1982)). “The supporting spouse’s obligation is set at a level that will maintain that standard.” Innes, supra, 117 N.J. at 503, 569 A.2d 770 (citing Lepis, 83 N.J. at 150, 416 A.2d 45); Heinl v. Heinl, 287 N.J.Super. 337, 344 (App. Div.1996) (same). See also Crews, supra, 164 N.J. at 16, 24 (same).
Thus, when discussing alimony in a New Jersey divorce case, the primary debate will focus on the incomes of each party as well as the martial lifestyle.
In this case, our child support lawyers were faced with having to emancipate the client’s three children. While only one motion is filed, its as if you have filed three emancipation motions because each child is treated separately. Even thought the other side opposed our motion, we were successful in getting all three children emancipated. What’s more is that the court ordered the Probation Department to return all of the money in their account to the client.
In this case, the client was looking to emancipate his child who had yet to graduate college. This is always a difficult case because you don’t know if the child is going to graduate on time or if the other side will push for more child support for years to come. Not only did our lawyers win the child support motion but we were able to help the client reduce his arrears payment. Even after the emancipation he had some arrears left and his payment after emancipation to pay down the arrears was set at only $10 per week!
This isn’t an emancipation motion, it is a war. Our lawyers have represented the client in numerous motions against the other parent. In fact, one motion ended with the court ordering the other side to pay our counsel fees. The client has three children and our lawyers were successful in emancipating the oldest child. In addition, we also set up emancipation events for the other two children. This case shows that while most of these motions are fairly painless, they sometimes turn into huge battles. Our battle tested lawyers stand ready to fight for our clients against any opposition.
This was a tough case because the child was still in high school and even when she graduated, she would be 17 years old. So, besides not being sure if the child was going to college, the client’s emancipation motion was rather premature. Nevertheless, he still filed it and had a court date that he set up by himself. A few weeks before his emancipation was heard, he hired out Cumberland County Child Support Attorneys. We fixed his motion papers and went to court ready for a battle. Our attorneys successfully got a court order that emancipated the child as of her 18th birthday. Since court’s don’t like to issue advisory opinions, this was a great victory because the client doesn’t have to come back to court after the child turns 18.