Even if you are married to an immigrant, he or she may be eligible for child support, child custody, and/or maintenance. Learn more in this blog post.
Category Archives: Family Law
Deciding If A Postnuptial Agreement Is Right For You? 5 Key Points To Consider
A postnuptial agreement outlines spouses’ ownership of financial assets if they were to divorce. Learn if it's a good option for you.
Five Key Points Of Challenging A Will Because Of Undue Influence And Lack Of Capacity
New Jersey probate process recognizes several grounds for contesting a will. Two common grounds are undue influence & lack of capacity. Click to learn more.
How Does New Jersey Enforce and Modify Inter-State Family Law Orders? Understanding the UCCJEA
Under the UCCJEA, the first state to issue an order relating to custody shall continue to have “continuing exclusive jurisdiction” over the matter. Learn more in this post.
College Expenses and Divorce
Whether you have children in college or about to enter college, a common question among divorcing parties is “Who pays for college?”
Health and Life Insurance After Divorce
It is very common for both parties to be covered by health and life insurance during the marriage, but what happens to these policies when you get divorced?
Are You Liable for Alimony Payments?
When many couples go through a divorce, one of the financial considerations that will take place is whether one spouse will be responsible for paying alimony to the other. Alimony is financial support that allows the recipient spouse to maintain his or her lifestyle after the divorce. Alimony recipients are happy to get spousal support, […]
How Much Will Child Support Payments Cost?
There is no one-size-fits all number for exactly how much child support payments cost in New Jersey since child support is based on a variety of factors, and no two child support cases are exactly the same. To help courts and parties determine the appropriate amount of child support in a particular case, New Jersey […]
Getting a Get
Under Jewish law, a divorce between a husband a wife is not complete without a get. A get is a document given by a husband to a wife, which formalizes the divorce. Technically, Jewish law only permits a husband to give a get to his wife, which can create a significant obstacle if a husband refuses to give one to his wife. This raises the question of whether a New Jersey court can order a husband to give his wife a get without encroaching on the religious freedoms protected by the First Amendment of the United States Constitution.
What is the Imputation of Income?
When determining whether and to what extent alimony and child support should be paid, the income of both spouses is a significant factor in fixing the support amount. In addition to the parties’ actual income, courts are also permitted to consider either parties’ “capacity to earn” when setting support awards. This is called imputing income. After all, if either party was simply permitted to take a vow of poverty upon getting divorced, it could lead to wildly inequitable support awards. New Jersey courts have explained that the right of self-fulfillment must give way to the pre-existing duty of support between parties.