Warren County Child Support Lawyer Helps Client Emancipate Three Children At Once

Warren County Child Support Lawyer

Michael G.

 

This client was looking to emancipate three of his children, including one who had not graduated high school yet. That is always a gamble because courts do not like to issue advisory orders. That is, courts usually make you wait until the event has actually occurred since anything can happen between now and then. That would have forced the client to file two motions. Thankfully our child support attorneys were successful and the all three of the client’s children were emancipated including the child who didn’t even graduate high school yet. With that child, the court set the date of high school graduation as the emancipation date.

Atlantic County Child Support Lawyer Helps Client End Child Support

Atlantic County Child Support Lawyer

John P.

 

Our lawyers represented the client twice. As we have said before, you sometimes have to file two motions to terminate child support. One set its up and the second gets it done. That’s exactly what happened here. We filed a motion to emancipate the child but it was not successful. We did however set the case up for victory. A year later, we filed another motion and this time, we won the case.

Camden County Child Support Lawyer Helps Client Save Thousands of Dollars

Camden County Child Support Lawyer

James D.

 

In this case, our client went to court several years ago without a lawyer and his child support was very high. When the other side filed another child support motion, he made the right choice by hiring a lawyer this time. When we got to court, our lawyers fought hard to get the child support reduced to as low as possible. In the end, the client will wind up saving thousands of dollars per year.

Split Parenting Child Support Arrangement NJ

Split parenting is the rare, but not unheard of, situation where each parent has custody of at least once child that they have in common. Please note that this is only when they are the parents of both children; if one parent has a child from another relationship, that is not split parenting. Often times, both parents will waive child support from the other. However, there will be occasions when one parent will still demand child support. In that case, there will be two separate child support calculations done using the sole parenting work sheet; one for each parent.

The two numbers will be subtracted from each other and that figure will be the child support award. Obviously, this number will often be fairly insignificant thus making the cost of litigation prohibitive. However, if one parent has income that far exceeds the other, then it may well be worth it. Before filing anything, speak to a New Jersey Child Support Lawyer first.

 

The Impact of Visitation on New Jersey Child Support Calculations

Child support does not depend upon visitation. In fact, our child support lawyers have had clients that have never even met the child that they are supporting. However, visitation or “parenting time” does have an impact on child support. The Child Support Guidelines provide that visitation is a level of parental participation in child-rearing that is less than the substantial equivalent of two or more overnights with the child each week (approximately 28% of overnights excluding vacations and holidays). Oddly enough, overnight means the majority of a 24-hour day (i.e. more than 12 hours) so thus, it does not really require that the child sleep over. Appendix IX-A to R. 5:6A. § 14(b)(1) also defines “overnight” as “the majority of a 24-hour day (i.e. more than 12 hours).” Id.

 

This is important for two reasons. First, each overnight reduces the the amount of child support that the non-custodial parent has to pay. This is because the parent exercising the parenting time is the one that incurs at least some of the costs in parenting the child. If the child support did not account for this, the custodial parent would be getting paid the full amount even when the child was not with him/her. As a result, the other parent would be paying to parent the child at two places at once.

 

The other reason this is important is because if there are enough overnights, the court will use a different worksheet for the child support guidelines. The shared parenting worksheet may be used when (1) A parenting plan that specifies parenting times and responsibilities must be filed with or ordered by the court or (2) The PAR [Parent of Alternate Residence] has or is expected to have the child for the substantial equivalent of two or more overnights per week over a year or more (at least 28% of the time) and the PAR can show that separate living accommodations for the child are provided during such times. The shared parenting worksheet will drastically reduce the amount of child support paid to the custodial parent. Despite the the above, the decision to use the shared parenting time worksheet is left to the sole discretion of the court which makes it tough to appeal.

 

Imputing Income to the Underemployed Parent in New Jersey

A parent’s actual income is not used as the basis for determining child support in New Jersey. Instead, the court will look at the parent’s maximum earning potential. To do this it will impute income to that parent. Thus, while a court cannot force someone to get a full time job, it can at least use such numbers to calculate child support.

 

The easiest scenario to handle this is when a party is working part time. In that case, the court will simply calculate what the parent would make if they worked a 40 hour work week. The more difficult scenario is when the parent is working at a job that does not make full use of their skills, training and experience. A lot will depend on why the parent is not working to their potential. There is a big difference between changing careers before a child support obligation is set and doing it afterward. If you change careers after the child support obligation is set, it will appear as if you were attempting to reduce your child support by getting a lower paying job. Thus, you will have an uphill battle to prove that you should not be imputed to a higher income.

 

There are, of course, a whole host of issues that deal with an imputation of income and each case will rise and fall on its own set of facts. Some cases are easier in that statistics from various websites can be used to determine the average income for each career. Other cases may require a vocational assessment to determine how much the parent is capable of earning given their skill set, experience and education.

 

 

The Impact of Social Security Benefits on New Jersey Child Support

There are two types of social security benefits: SSD and SSI. Another way to look at government benefits is whether or not they are means-tested. Social security disability is income paid to a person because they are disabled for one reason or another. It is not a means tested benefit so thus, it will be treated like any other stream of income. A means-tested benefit is one where the eligibility is based upon the resources or income of the recipient. Thus, income from SSI, TANF, food stamps and rent subsidies will not be included for child support purposes. If this is the person’s only means of income, there will likely be no child support obligation. Likewise, the court cannot impute income to this parent.

SSD & SSI Benefits Impact on Child Support

On the other hand, any SSD payments received will be used in calculating child support. This includes both income that the parent receives along with any income that the children receive. If you have any questions, feel free to reach out to our team of child support lawyers in New Jersey!

 

Health Care Expenses & Child Support in New Jersey

In New Jersey, child support includes a number of expenses. Among them is the first $250 of unreimbursed medical expenses per child, per year. If the custodial parent incurs more than $250 of such expenses in a year, then the balance would be split by the parties pursuant to their incomes. This figure is easily determined by looking at the child support guidelines worksheet. What seems like a simple, straight forward process is often the source of much litigation in New Jersey which could have easily been avoided.

One way to avoid litigation is to account for recurring and predictable expenses in the child support guidelines. Of course, this is not possible for most children but when it is, it can be helpful to cut down on litigation. Thus, if a child has $1000 in unreimbursed medical expenses per year, the amount in excess of $250 (in this case $750) can be added to the guidelines to ensure that the payments are made in a timely fashion.

Child Support Lawyers Who Care

The other way to avoid litigation is to request reimbursement from the other parent in a timely manner. Our child support lawyers have seen many cases where the custodial parent will save up expenses and then file a motion for reimbursement, often as a cross motion. The theory appears to be that since the other parent is forcing them into court on one issue, they may as well try to get as much money back as possible. This is just bad all the way around. Its not fair to the other parent and you may not get a total reimbursement. While laches is not a good defense to child support issues, it has been successful in some case. Besides laches, the parent seeking reimbursement for old expenses may run into serious proof issues as records become hard to obtain.

The best option is to prove to the other parent that the $250 has been exceeded as soon as possible. Then, when a bill comes, pay it and submit it to the other side right away. If the parties cannot resolve this themselves, then the court should be asked for a specific schedule as to how the parent seeking the reimbursement needs to notify the other parent and when he/she has to make the reimbursement.

If you need more information or want a free consultation, call our offices today, we’re available 24/7.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Day Care Expenses & Child Support Guidelines

Day care expenses can be factored into the child support guidelines. However, there are a number of issues that should be considered here. The first is whether to include them at all into the guidelines or if they should be outside of the guidelines. Much will depend on how long these expenses will last. If they will last a few months, it may not make any sense to have to come back to court so soon to recalculate the child support. If they are outside of the guidelines, the parents can just split the cost according to the percentages listed in the guidelines. When the day care stops, the child support will remain the same thus eliminating the need to return to court.

Assuming the client wants the day care expenses added to the guidelines, it has to be proved that this is related to work or a search for work. That is, net work related day care expenses cannot be day care expenses that allow the parent to sit home and escape parental responsibility. At the same time, the parent’s work needs to pay off. Day care can be very expensive and if the custodial parent’s minimum wage job pays about the same per week as day care, then an argument can be made that he/she should just stay home.

Child Support & Daycare Expenses

The term net work related day care is used because it is assumed that the parents will pay for any and all tax credits that are available. Thus, if this offsets the total cost, the net numbers should be used, not the gross. Another factor to be considered here is the cost of the daycare. Daycare and summer camps (which fall into the same category) are expensive as it is but some parents choose to enroll their children in very high end day care centers. The cost of same should be on par with the parent’s income. Finally, proof of all expenses should be provided to the other parent and the court. Our child support lawyers have seen too many people come into court asking for day care expenses without having any evidence as to what those expenses are! You need to show proof to everyone involved before a court can grant your request.

 

Calculating Child Support for High Income Earners in New Jersey

The New Jersey child support guidelines only go up to a certain combined income level. Thus, it doesn’t matter which parent earns what income; if the combination of both incomes exceeds the child support guidelines levels, than the child support guidelines cannot be used to determine the entire child support award. In these case, the child support guidelines are ran to the maximum to determine the absolute minimum child support award. Then, using a number of factors, the court will determine how much to supplement that number.

Without clear cut guidelines, each court is free to come up with its own number. Our lawyers have significant experience with these cases and we have seen children effectively become the breadwinners in a sense since their child support income is greater than that of the custodial parent. While one case clearly indicates that children should not receive three ponies, it is tough imagine why the cost of raising a child should far exceed the custodial parent’s income.

Regardless of which side you are on, documentation and zealous advocacy will help shape the judge’s opinion in these cases. You cannot just say that you want a certain amount of money, it has to be demonstrated. Having a specific need for the money makes it easier for a judge to award it as opposed to an arbitrary request. At the same time, child support is not alimony and thus, the judge will have to walk a fine line in between the two when setting the award.

Call us today for a free consultation or to learn more about how child support is calculated for high income earners in New Jersey.

 

Alimony & Its Effect on Child Support

Alimony and child support are separate and mostly unrelated concepts in New Jersey. However, alimony will have a big impact on the child support calculations. Alimony paid by the obligor reduces his/her net income. Likewise, alimony received by the obligee increases his/her net income. Since child support is calculated using the parents’ net income, the amount of child support paid will be reduced significantly (depending on the amount of alimony paid of course).

Alimony & Child Support in NJ

Our child support lawyers find that this analysis is very helpful to our clients when trying to deal with the net money paid out to the other parent. Consider this hypothetical, without an alimony obligation, the child support obligation is $100. However, with a $100 alimony obligation, the new child support obligation may be only $80. Thus, that $100 in alimony is only $80 extra to the client. Of course, alimony is tax deductible to the same client thus possibly reducing the real alimony obligation to more like $65 once the tax impact is factored in. This analysis can help clients who are reluctant to pay alimony see that they are not fighting over as much as they thought they were.

 

Calculating Teenager Child Support in New Jersey

The New Jersey child support guidelines are the same regardless of how old the child is despite the fact that it is more expensive to raise a teenager than it is to raise a younger child. If the custodial parent is receiving child support when the child is at an early age, the child support aware will average itself out over the course of time. That is, the child support received for the younger child is too much while the child support for the teenager is too little.

Teenager Child Support NJ

For custodial parents that did not go to court until the child was a teenager, they do not get the benefit of this averaging. Thus, there is a 14.6% increase in child support when calculating initial child support awards for teenagers. Our New Jersey child support lawyers have found that this is often over looked by many other lawyers and even some judges. As a result, if you are receiving child support, you are losing out on a lot of money if the teenager adjustment was not factored in to your case.

Finding the New Jersey Child Support Guidelines Online

I love when a prospective client tells me that they looked up the child support guidelines online and that they know how much to pay. Lawyers pay a lot of money to use the child support guidelines and it would be pointless to do so if they can just use it for free like everyone else! The reason lawyers pay for the child support guidelines software is because they want to use the real, accurate guidelines. The guidelines change quite often based upon taxes and other issues. The number that you get off of on online calculator is likely way off. Thus, it is probably a huge waste of time to even take the time to use these online calculators as it may not even give you a rough idea as to what your child support may be. Instead, leave it to your attorney to tell you what your child support figure will be.

 

How is Child Support Calculated in New Jersey?

In New Jersey, child support is calculated using the New Jersey Child Support Guidelines. These guidelines are a formula that takes into account a number of factors. Unless both parties agree not to use the guidelines, they will be used in almost every single case unless it is a high income case or you can show good cause not to use them. While there are a number of factors that go into the guidelines, the primary figures include the gross income of both parties, alimony paid or received by both parties, union dues and mandatory pension payments by either party, parenting time and health care costs for the child.

These figures along with others are all put into the program. The computer will then calculate the weekly child support obligation. However, the program just doesn’t spit out a number, it includes the entire worksheet so that you can see how exactly the program arrived at the number. In my experience, most people do not have this worksheet and once I review same, I can see how the number was miscalculated due to a number of errors. Since most child support obligations cannot be retroactively modified (except for emancipation cases), it is important to get the child support done the right way the first time. One wrong move and you could wind up paying $50 extra per week or $2,600 per year. As you can see, simple mistakes really add up!

The guidelines worksheet is also helpful for determining when and if your child support should be modified. Your lawyer can review your old worksheet with you to determine if any of the numbers have changed significantly and if so, how it would impact your obligation now.

 

Collecting Arrears From Deadbeat Parents

As a New Jersey Child Support lawyer, I think I’ve seen it all at this point. Nevertheless, I remain confused as to how are system works. Sometimes it seems like probation buts a warrant out for my client when he/she misses one payment. Other times however, it seems like they won’t do anything to the parent that never makes a payment. Why there is such a disparity from one case to another is unclear but one thing is for certain: your odds of winning your New Jersey child support case increase when you have a lawyer. Collecting your child support arrears is no different.

How to Collect Arrears From A Deadbeat Parent in NJ

Again, I’ve heard it all before. I’ve heard how impossible it is to collect from someone. I’ve heard how he/she hides incomes. I’ve heard how the system doesn’t work for them. Often times, these people tell me that either they don’t have a lawyer or they didn’t have a good one. A lawyer makes the system work for them. Lawyers make the entire system accountable. There are many ways to enforce child support including but not limited to bench warrants. Lawyers can also help you suspend the other parent’s driver’s license and passport. Repeated arrests on bench warrants are a great way to get the other parent’s attention. So are applications for counsel fees. You’d be amazed how often people find money to pay a purge to get out of jail after they have been arrested.

If you want help collecting on your child support arrears, call our team of tough, aggressive New Jersey child support lawyers today to discuss your case.

 

Monmouth County Alimony Reduction Lawyers help client save $150,000 in support payments

M.G.

Monmouth County Superior Court

This case had been going on for about 12 years in one form or another. The client had filed a motion to reduce his alimony payments.  The current litigation actually goes back to 2006 so its been six straight years of litigation.  Our Monmouth County Alimony Lawyers were about the fifth law firm on the case.  Some lawyers get scared of such cases but our Monmouth County Lawyers understand that it sometimes takes a while to find the right lawyer.  We fought hard for the client and the ex-wife had a lawyer from a big law firm representing her.  After months of extensive litigation, the case went to trial.

The trial lasted for several days and it involved a number of witnesses, voluminous exhibits, an expert witness and a whole host of other issues that made the case quite complex.  In fact, it took the judge months to issue a decision.  In the end, we were successful.  Our lawyers were able to show that our client’s income had decreased and that he was entitled to a reduction in his alimony payments.  As a result, the client’s alimony was reduced all the way back to 2006.  This saved the client $150,000 in alimony payments.

How can our Monmouth County Alimony Lawyers help you?

Arrears vacated in Passaic County Child Support Case

Our Passaic County Child Support Lawyers were able to secure another huge victory for a client.  In this case, the client racked up a large amount of arrears due to his child support obligation.  Our lawyers first had to find the other side’s address so that we could serve her with the emancipation motion.  This proved difficult but due to the skilled efforts of our lawyers, we were able to locate the address without having to hire a private investigator.  After receiving our motion for emancipation, the other side hired a lawyer to contest the emancipation date.  This was very important because the client had a warrant out for his arrest due the failure to pay child support.  The case went to court and by the time we left, our NJ emancipation lawyers secured an order that terminated his child support obligation, vacated his arrears and vacated his bench warrant.  In other words, it was a total victory.
Thus, even though the other side claimed that the child’s drug problems prevented emancipation, we were still able to over these arguments.

Essex County Child Support Attorneys Help Client Emancipate Child

Our Essex County Child Support Attorneys are pleased to announce that we have helped yet another client emancipate a child for a client that had tried and failed in the past.  Our client had filed an emancipation motion pro se but like many, he could not be successful especially because the other side would dodge service.  Our lawyers fought hard and we were able to secure an order that retroactively emancipated the child years prior.  We also were able to get the client’s child support motion reduced for his other child.  As a result, he will not have a child support payment for about 18 months.  Needless to say, this was a huge victory.

Burlington County Child Support Lawyers help client win motion

-Bennet L.

Client filed a motion to emancipate his child which was met by a cross motion seeking a ton of money in stock and other assets from the client.  He then hired our firm to take care of the cross motion.  Jef filed a response which hit back hard at the cross motion.  As a result, the Court sided with Jef and the client was very happy with the final order.

Burlington County Child Support Lawyers

Mercer County Child Support Lawyers help client reduce his child support obligation

-Steven M.

Client was choking due to amount of child support he had to pay in addition to having to support his new children with his current wife.  Jef was able to get one of his children emancipated which reduced his child support.  However, Jef also was able to further reduce his child support to account for the support that he has to provide to his other children.

Mercer County Child Support Lawyers

Somerset County Child Support Lawyers help client wipe out $60,000 worth of arrears

-Donald S.

Between college expenses and child support, client had built up over $60,000 worth of arrears. Jef filed a motion with the court to vacate all of his arrears and emancipate his children. The court issued a “tentative decision” which indicated that the motion was partly granted. The two children would be emancipated but the client would still have arrears of $15,000. With $45,000 worth of arrears wiped out, some would call that a win. However, Jef  would accept nothing short of a zero arrears figure. Jef appeared for oral argument and fought hard against both the judge and the other attorney. Even though most tentative decisions are never changed, the court sided with Jef and the client was held not responsible for any debt.  This is what we mean when we say that our New Jersey child support attorneys will fight for you!
Somerset County child support attorneys

Hudson County Child Support Lawyers help client defeat motion for an increase in child support

-David O.

Client was facing a motion for an increase in child support.  We showed the court that the motion was baseless.  As a result it was denied completely.  Thus, just because a child support motion is filed in court does not mean that the court will actually grant the motion. If the motion is baseless, your lawyer has to argue that and fight against it.
Hudson County Child Support Lawyers

Morris County Child Support Lawyer helps client avoid paying child support for many years

-Reynaldo M.  Client was facing a motion for child support from a child he never met.  The child was 12 and he had no idea it was his.  The mother was looking for child support from birth to now and in the future.  After almost a year of litigation, Jef shut down the entire motion so that the client did not have to pay one cent in child support, either now or later.  While the case took a while to fight, the client was very happy with the result.
Morris County Child Support Attorney

Middlesex County College Expenses Lawyer helps client get his child support terminated

-Tim S.

Client’s daughter clearly saw him as a wallet.  In fact, she told him so in a sarcastic greeting card.  As a result, Jef fought hard to get the child emancipated.  It was a very tough case involving a number of issues, including Gac issues.  After months of fighting, Jef worked out an agreement that emancipated the child even though she was still in school in exchange for a lump sum payment to the mother.  This settlement saved the client a ton of money in child support, college expenses and legal fees.

Middlesex County College Expenses Lawyer

Essex County Emancipation Lawyer helps client show that child is not in college full time

-Guillermo A.

Client was a truck driver in California who grew estranged from his daughter who lived in New Jersey. As a result, he had little information about her current education status. Jef launched an investigation and filed several subpoenas. Jef found out that his daughter indicated that she was married. In addition, Jef found out what college she was attending and that she would register for full credits but drop or fail almost all of them.  Jef showed the court that she was really going to school part time, so she was emancipated. Because the emancipation was made retroactive, the client was actually owed approximately $15,000 from the other party.
Essex County Emancipation Lawyer

Passaic County Emancipation Lawyer helps client defeat emancipation motion

-Yvonne T.  Client’s ex-husband filed a motion to emancipate the parties’ daughter.  He also sought to reduce child support if the court did not emancipate the child.  Jef’s response quickly shut down the motion so that child support remained the same.  The child in this case actually had her own child and yet, we still were able to win the case.
Passaic County Emancipation Lawyer

Ocean County Emancipation Attorney helps client get his child emancipated while she is still in college

-John G.

Client was thinking that the emancipation motion would be a huge battle.  Jef was able to call the mother and get her to agree that the child would be emancipated even though he was still in school.  Jef drafted the consent order and the child was emancipated.  Thus, not every case involves expensive litigation.
Ocean County Emancipation Attorney

Monmouth County Child Support Lawyer shuts down claim that child is too disabled to be emancipated

-Keith W.

Client’s child suffered from severe mental health issues.  As a result, the mother was essentially seeking child support for life.  She fought hard to fight the emancipation but Jef fought even harder.  After months of fighting, the mother finally gave up and threw in the towel.  As a result, the child was emancipated.
Monmouth County Child Support Lawyer

Bergen County Child Support Attorney helps client emancipate child

-E.M.

Client had no contact with the child since birth.  The child was 18 and out of school (or so the client thought).  Jef filed a motion for emancipation but the case was denied because the other side claimed that the child was in school.  Jef filed several subpoenas which showed that this was false.  The motion was refiled and the child was emancipated.  While the case took quite a while to work out, it did not get expensive.

Bergen County Child Support Attorney

Your parenting time can impact your NJ child support obligation

When you are changing your parenting time, you need to make sure the courts also change your child support obligation.  The more parenting time you have, the lower your New Jersey child support obligation will be.  Hopefully, no one is looking to get more visitation just to get lower child support.  However, there is no point in paying more money if you have more parenting time.  Our New Jersey child custody lawyers recently launched a new custody blog.  Use the link to learn more.

 

DYFS can come after you for child support

My client’s child was placed in a long term care facility because the child had a number of serious issues.  The agreement for placement had a vague provision with regard to who would pay the costs.  My client had no idea that they could come after her at some point.  After the case was closed, the Board of Social Services filed a motion on DYFS’ behalf for my client to pay thousands of dollars per month.  This would have destroyed her financially.  Our team of tough, smart DYFS and Child Support lawyers fought hard for the client and demanded a full trial.  In the end, we were able to get the case dismissed to that my client did not have to pay anything!

If DYFS or the Board of Social Services is going after you for child support in any court in New Jersey, call us today.

New Jersey DYFS Lawyers

Motion to emanicpate a 17 year old successful in Cape May County

Motions to emancipate a child under 18 years old is rare, but it is certainly not impossible.  If you know anything about New Jersey emancipation law, you probably think its difficult to emancipate a 24 year old half the time, so emancipating a 17 year may seem like fantasy.  However, my team of tough, smart New Jersey emancipation lawyers did just that recently.  Filing aggressive motions helps us get better results.  Thus, when our client wanted us to file a motion to emancipate his 17 year old, we knew we had to bring everything we had and we did.  The other side hired an attorney and fought back hard.  However, the Court found in our favor and emancipated the child as of the date of filing.

If you would like our team of tough, smart Cape May County Child Support Lawyers to help you, call us 24 hours a day.

Long battle to emancipate “disabled” child ends with a win for Union County Child Support Lawyers

Some clients become more than just clients.  Some people you fight for so hard, for so long that you become a big part of their lives.  For one client in Union County, I was more than just another lawyer.  It took us years to battle for another case unrelated to child support.  Eventually it became time to file a motion to emancipate his children.  One child was rather easy since she was older and not in college.  However, the other one was a big problem as the other side claimed that he was so disabled that he could not leave the house.  Along with my team of tough, smart Union County emancipation lawyers, we fought for months on this case.  We forced the other side to prove that the child was emancipated.  We never give up and we never stop fighting.  Eventually, the other side just submitted under the weight of our relentless pursuit of a victory.  With that, my client was done forever.  No more court battles of any kind.  No more lawyers.  It was all over.  For the first time since 1994, my client could rest easy.  This was easily one of my favorite child support cases to work on.

If you have a child support case you need help with, call the Union County Child Support Lawyers 24 hours a day.

 

Motion for college expenses for a 35 year old denied in Ocean County

As a New Jersey lawyer that has handled hundreds of child support motions, you would think that I have seen it all.  However, I am constantly surprised by what I see.  Recently, a friend was served with a motion for college expenses for a 35 year old!  This person was emancipated back in 1999 with an effective date of 1995 and yet the motion was still filed.  Even more amazing is that the other side was able to find an attorney to take this case but in New Jersey, you can find a family law attorney to do just about anything as long as you pay them.  Sadly, my friend needed to hire me to help her.  We crushed their motion and the Court saw through their garbage.  The child was clearly emancipated.

If you are facing a crazy motion, call the team of tough, smart Ocean County Child Support Lawyers today.

Filing a motion to unemancipate a child

A lot of my posts on this blog deal with filing a motion to emancipate a child in New Jersey.  However, it is also a possible to file a motion to unemancipate a child in New Jersey although it is also rare for a number of reasons.  I recently helped a client in Ocean County Superior Court file a motion to unemancipate her child and we won.  She had filed a number of motions in the past and she lost every single one of them.  However, she did not have a competent attorney help her.  This was an important win because we not only got her child support but college expenses as well.  If you want to file a motion to terminate your child support or to reinstate it in any court in New Jersey, call us anytime.

Dealing with child support warrants in New Jersey

Its amazing how many people have child support warrants in New Jersey.  Hiding from them doesn’t solve anything.  If you’ve missed a few payments, you be brought before a judge and have to pay a purge amount.  Thus, I suggest that you have someone with you that can pay on your behalf.  However, if you have been dodging payments for a long time, it may become more difficult because the release figure may be huge.  As a result, you should think about getting an attorney.  It should be that expensive to have an attorney help you but it won’t be free of course.

Look at it this way, do you want to spend a few weeks in jail or do you want to get rid of the warrant and avoid jail?  My team of tough, smart attorneys can help you.  We will put a package together for the court to lower the purge amount.  We will then work on a motion to help reduce your child support going forward and set a realistic arrears payment.

Filing a child support motion in New Jersey when you live out of state

If your original child support was in New Jersey or if you were divorced in New Jersey, your child support matter will likely remain in New Jersey even if you don’t.  For some, this can cause apprehension because they don’t know how to handle the situation.  How do you find a lawyer?  What do you need to fill out?  Do you need to travel to New Jersey?

The good news is that for most, the process can be painless.  Start with finding a New Jersey child support lawyer.  If you read this blog, you found one.  Actually, you found a firm that employs a team of tough, smart child support lawyers.  We have offices across the state and we practice in every single New Jersey court.  Thus, you don’t have to ask if we go there.  If its in New Jersey, we do.  Retaining us is painless as well.  Call us anytime.  Within just a few minutes, we can let you know if we can help.  If we can, we can take a credit card or debit card right over the phone.  An automatic credit receipt is sent to you within minutes.  We will then send you a fee agreement which you can email or fax back.

We rarely need many documents from you but any documents that we do need can also be faxed or emailed.  Most child support motions can be finished in 2 days to 1 week. You will sign the documents you need to sign and again, fax or email everything back to us.  We will then take care of filing everything with the court and serving the other side with the motion.  If we have to go to court, your appearance will likely not be needed.  When possible, we try to avoid court appearances even by the lawyer which will save you money.  Sometimes, this can be accomplished because we write powerful motions.

At any one time, 50% of our child support cases may be from outside of New Jersey.  Thus, this entire process is not only easy, but for our law practice, is quite common.

Looking at a child support attorney as an investment

The toughest part about this practice is that most prospective clients would not need a New Jersey child support lawyers if they didn’t suffer a significant decline in their earnings.  But this creates a catch-22.  How do you find the money to pay a lawyer when you are having problems paying child support?  I try to get people to look at hiring an attorney as an investment.  If we can reduce your child support obligation, the money you save may quickly make up for the legal fees you had to pay.  Once you have recouped your investment, you could view the balance as profit.  This is especially helpful if you need to convince a friend or family member to lend you the money for the legal fees.

Client goes from $50 to $151 per week in child support payments

Huge win today and proof that I don’t just represent one side.  My client has been getting screwed for years.  The other side paid $50 for over 10 years with not one COLA adjustment.  Worse yet, my client was not reimbursed for any medical expenses.  I was able to get the client everything we were looking for and the child support went from $50 per week to $151.  The best part is that it didn’t even cost my client that much money!

If you need help with your child support case, call the Middlesex County Child Support Lawyers today.

Arrears vacated, Child Emancipated, Money Returned

Client recently hired me to emancipate his child and get his money back that the Probation Department took from his tax returns.  We had to move quick because Probation wanted to lock him up for failing to pay.  In the end, the child was emancipated, the money from the tax returns was given back to the client and Probation vacated his arrears so his balance was set at zero.

If you need help with any child support case in New Jersey, call the Monmouth County Child Support Lawyers today.

Child Emancipated, Probation Account Closed

Just a quick note on a recent victory, one of many during “emancipation season”.  This one was great because it was quick and I won the case for under the small retainer that I charged the client.  Not only did he win but he got money back from me!

If you need help, call the team of tough, smart Somerset County Child Support Lawyers today.

Client gets increase in child support due to election win

My client is the mother of two great children.  The father of the children just won an election that will result in a second job and a big increase in his salary.  We filed a motion for an increase in child support and a host of other issues and we not only won, but we got a great result.  The tricky part of this case was that we had to file the motion right away due to some emergent issues.  However, the new position would not start for another month or so after the court date.  Thus, the court may have kicked it and told us to come back in a month when the new position started.  However, I worked it out with the other side to avoid a second court appearance and more expense to my client.  She got the bump in child support and we don’t have to come back to court.

If you need help with a child support motion in any court in New Jersey, call us today to speak to a Hunterdon County Child Support Attorney

Waiting to file a motion could cost you

One of my new clients just came to me to file a motion to increase child support as the number has not been adjusted in over a decade.  As a result, she has been missing out on thousands of dollars per year as the number is off by anywhere from 50% to 75%.  In addition, she never sought any contribution for medical expenses which is even more money that she has left on the table.  Lucky, we may be able to get some of that back.  But since there is no retroactive child support increase, she will still lose a ton of money.  Moral of the story:  act now!

When is emancipation not emancipation?

I try to tell people to get an attorney from day one but I can’t reach everyone.  My most recent example is one of my new clients.  He went to court without an attorney for emancipation and was first denied for lack of service even though he showed the court that the other side was indeed served!  He tried again and this time, he won.  Child emancipated.  Case over right?  Not quite.

The Probation Department, for whatever reason, didn’t care about the Court’s order and refused to adjust his child support.  Even worse, is that the child should have been emancipated back to a couple of months prior to the last order but the court made up an arbitrary date for emancipation.  He hired me and we are fixing the problem.  However, he may be stuck with the wrong emancipation date as he did not file a motion in time or an appeal.  Thus, he left thousands of dollars on the table.

Firm kicks off emancipation season with several wins

We are entering what I call “emancipation season” because children will be graduating high school and college within the next few months.  Thus, the calls for emancipation will be  coming in fast and furious from now till about July.  In the past several weeks, we have won several emancipation cases including one last week where I was able to emancipate two children at once for my client which totally ended his child support.

I was also able to work out a case a few weeks before that where I cut down my client’s arrears as a result of the emancipation by over $10,000.  My associate has also had some nice wins too.

If you need help with a child support motion, call us today to speak to an Essex County Child Support Lawyer

A court can only hear a case that is “ripe”

Got a call today from a guy that works right next  to one of my offices.  Small world.  He wanted to file a motion for emancipation now for a child that is graduating in December.  That is rarely a good idea since anything can happen between now and then.  Thus, I advised him to call me back in October because his motion needs to be “ripe” or ready to be heard.  However, that doesn’t mean that I file a motion after graduation.  Instead, I try to time it so that it will be heard within a week or two after graduation.

I was quoted on NJBIZ.com

I was interviewed for an article today.

Check out http://www.njbiz.com/article.asp?aID=80498

Court rules that home-schooled child is emancipated

This was a very interesting case.  My client’s daughter was being home-schooled for years. Even though the child should have been half way through college, she was barely half way through high school.  There is no real case law on this issue so I had to get creative.  The other side really fought hard but I turned their arguments against them.  The case was so hard fought that both sides were arguing up to the day of court with new letters and documents being constantly sent to the court.

Thankfully, common sense prevailed and the child was deemed emancipated.  This was a great win to kick off the new year.

If you want a team of smart, aggressive attorneys to work on your emancipation motion, call today to speak to a Bergen County Child Support Lawyer

A motion for child support modification is a gamble, but sometimes worth the risk

I met a client a  few weeks ago that makes a nice income even though it is a 1/3 of what it use to be.  It was a fairly routine motion so I charged him a rather minimal retainer as I didn’t see the case getting out of hand.  If we won, he could save $40,000 over the next four years.  Worst case scenario, he would be out $5,000 in legal fees and that is really worst case. 

He wanted me to give him an exact prediction.  Unfortunately, our judicial system does not allow that.  Just because you should win, doesn’t mean you will.  Luckily, the system works most of the time.  You are rolling the dice with every motion you file for child support.  I just had a case where we were asking for an increase and the court decreased it even though the other party wasn’t requesting one!  Thankfully, I was able to withdraw that request and the child support remained the same.

So, when you speak to a New Jersey child support lawyer, understand that the best he or she may be able to tell you is how much of a risk you are taking.  If you have a really good chance of saving up to $40,000 and you will most likely spend less than $5000 (probably even less than $2500) to roll the dice, that may be a great bet!

Can’t afford a lawyer? Think again.

I spoke to a woman yesterday that read my blog and had a question.  Unlike most of the people that call me, she was not prepared to hire a lawyer because she couldn’t afford it.  This thinking is interesting for several reasons.  First, she doesn’t work for free but for some reason, she thinks I do!  I cannot give free legal advice in the same  way you don’t call a plumber to have him teach you how to fix your problem on your own for free.

More importantly though is that this was a total assumption on her part without any real consideration as to the true cost of going with an attorney.  When I asked her how much other lawyers charged her, she said she didn’t speak to anyone who  actually quoted her a fee.  However, her divorce cost tens of thousands of dollars so she assumes a simple motion will be the same price.  Not quite. 

Even after I explained to her that it would cost much less to handle this simple motion, she still said she didn’t have the money even though she had plenty of room on her credit cards.  I then asked her to consider the true cost of going without a lawyer.

Her ex-husband filed a motion to emancipate her daughter and there is no way (in my opinion) that she should have lost this motion.  However, she went without a lawyer and her ex had one.  Guess who won?   Now she wants to file another motion and she thins for some reason, the result will be different as she still refuses to retain a lawyer.

Her daughter will start college in January.  So you have child support, college expenses and medical expenses for at least four years that will not be received.  This could add up to over $100,000 that she would have received.  So if you can’t afford a few thousand for a lawyer, how will you afford over 50 times that?