Family law in New Jersey includes legal issues pertaining to families or personal relationships. Topics include: prenuptial agreements, divorce, division of property, paternity, child custody, and child support, and alimony. These topics are among the most popular New Jersey family law matters. When a family law issue goes to court, it is handled by the Family Division of the New Jersey Superior Court, usually at the county level. Because the intricacies of the family court system in New Jersey is complex and confusing, it is important to work with an experienced New Jersey family law attorney to make sure you get what you deserve when your marriage ends!
Presenting a case to a New Jersey family court judge can be nerve-wracking, especially for someone lacking knowledge of relevant laws. A New Jersey family law attorney who specializes in this area of the law and may represent an individual, a couple, or even the entire family in certain instances. Anyone who is grappling with an issue that falls under the umbrella of family law should consider retaining a New Jersey family lawyer who has the ability to represent them with the care, experience and compassion they deserve.
New Jersey Divorce Help and Advice
Divorce is one of the areas of family law that vary by state, making it important to focus on not only the state level, but even the county level. Property division is a major component of the divorce process and New Jersey follows what is known as the “equitable division” rule regarding marital assets. This requires a fair division of marital property including real estate, business interests, retirement savings, and investments. By equitable distribution, New Jersey courts do not mean a 50/50 split – as that may not be what is actually a fair division of the property!
A New Jersey family law attorney ensures that neither divorcing spouse is taken advantage of when marital property is divided. When a prenuptial or postnuptial agreement is not present, asset division can become an area of disagreement. A spouse who entered the marriage with property or an inheritance can use a New Jersey divorce lawyer to ensure that this property remains separate and under original ownership following divorce. But keep in mind, this needs to be well-thought out in advance of the marriage even to make sure your rights are secured.
The New Jersey guideline of equitable asset distribution is inherently vague, making it easy for subjectivity to enter the decision. If a divorcing couple requires court intervention for property division, having a local New Jersey attorney ensures that an accurate picture of the marital estate is presented for review. The judge will base decisions on complete details, increasing the chance of a fair outcome for both parties.
When deciding on a New Jersey divorce attorney, one should look for a Certified Matrimonial Law Attorney. The New Jersey Supreme Court awards this designation to attorneys who demonstrate expertise in matrimonial and family law. Very few family law attorneys earn this certification each year and they are considered experts in their field. The good news? Our team is full of New Jersey lawyers that meet this designation or have trained under them! So speaking with a free New Jersey family law attorney that knows what he or she is talking about is as easy as giving us a call!
New Jersey Child Custody Help
Like most states, New Jersey places primary emphasis on the “best interests of the child” during legal and physical custody decisions. This means that the emotional and physical well-being of the child is the main concern. Each situation is unique but when a child custody case goes to court, the judge presumes that parents should share child rearing responsibilities. The “best interests of the child” standard is based on many factors that a judge, attorneys, and possibly even a child representative appointed to look out for the children.
The law goes on to provide factors that should be considered when determining what is in the best interests of a child. Some of these factors include the child’s emotional needs, physical safety and health, parental communication skills, and co-parenting ability are the main categories into which these factors fall. Courts also consider practical matters such as the distance between parental residences, parental employment obligations, the number and ages of the children, and the location of each child’s school in relation to parental homes.
In New Jersey, parents are not required to involve a judge in New Jersey child custody arrangements. Many find it easier to work out the agreement on their own with help from a New Jersey family law attorney. They develop parenting schedules that meet their needs while maintaining the welfare of their children. A parenting schedule is frequently drafted with the help of a child custody mediator so that each parent knows when they will have the child for their own parenting time. Only when parents cannot agree on custody must they head to court and they may be required to first participate in custody mediation.
Custody arrangements consist of physical custody, which is the location where the child receives parental care, and legal custody, which is participation in decisions regarding the education, health, or general welfare of the child. New Jersey law favors only shared parental responsibility, so it is up to parents, their attorneys, and the court system to determine the best arrangement.
New Jersey Child Support Help
Whether parents were married or not, they may find themselves discussing the issue of child support. New Jersey obligates both parents to support their children, using the Income Shares Model when determining child support amounts. The New Jersey Child Support Guidelines approximate how much parents would spend on supporting each child if the family unit was intact. This amount is then divided between parents based on income levels. Unlike some states where child support is based off a percentage of the noncustodial parent’s net income, New Jersey child support laws are extremely confusing.
New Jersey child support guidelines are extremely detailed and complex to follow, making it important to have assistance from someone well-versed in state child support laws – such as a New Jersey family law attorney! The New Jersey family law courts require parents to complete either the state-provided Sole Parenting or Shared Parenting Worksheet when establishing or modifying child support. A family lawyer will help parents prepare the appropriate worksheet and present it to the court for approval.
New Jersey state law does not dictate when child support obligations end, but the guidelines apply to children ages 18 or younger. If a child attends college full-time, a New Jersey court may require a parent to continue providing support but minor children must be given priority for this financial assistance. An ongoing material change in circumstances may justify modification of a child support order, so parents in this situation should consult with a New Jersey family law attorney who can explain the laws properly.
New Jersey Father’s Rights Help
Fathers and mothers have equal rights to custody and receipt of child support according to New Jersey law. However, courts may unconsciously deem the rights of fathers as less significant. It is up to fathers to fight for their rights to child custody and child support and having an experienced New Jersey father’s rights attorney on their side can positively affect the outcome.
Fathers may find themselves on the losing end of a custody case due to business relocation or health issues. New Jersey family law attorneys will prove to the court that this situation does not impair the ability to parent of the father. By presenting a solid case to a family court judge, your father’s rights lawyer helps protect your parental rights.
Other situations in which having the right legal assistance can benefit fathers include parental alienation by the mother and changes in income or health status that render existing child support obligations unaffordable. Experienced New Jersey family law attorneys fight for the rights of their male clients to continued parent-child relationships and quality lifestyles.
Free New Jersey Family Law Help and Advice
New Jersey’s family law rules and regulations are some of the most complex in the country. The only way to ensure that you can end your marriage and still get what you deserve is by speaking with one of our experienced family law attorneys. Get started fighting for your family today – you’ve got nothing to lose because we will connect you with a local New Jersey family law attorney for free!
I’m behind in my child support payments cause of cola and I do have another child. That I have custody of the custodial parent is living with another person having a two income household including them both receiving child support and working household. While I have only a one income household. Shouldnt the court take into consideration of that
Unfortunately, the court does not normally take into consideration your personal expenses nor does it take into account your ex’s new partner/spouse’s income. There are some exceptions to this (like disability, etc.) or if a new partners spouse makes significant sums of money (ie. there’s no set rule, but if he or she earns $500,000 or something like that, a court might take that into account, but even still, probably not). But ordinarily, the judge does not care about that because the court views the obligation of financially supporting a child to fall on the parents, not his or her new spouse. It’s just a math equation between you two, nobody else. Child support guidelines vary by state, but most ignore a new spouses income unless that parent is not working.
can i collect off my ex’s retirement we were married 12 years
It depends. During a marriage, all property that accrues (for the most part) is ‘marital property (or ‘community property in a handful of states). If the retirement (401k, pension, IRA, etc.) was accruing during the marriage, as in, he was working for that company during the marriage, a portion of it is marital, and you are due a portion of it.
For example: Let’s say he has a pension. If you were married to him WHILE he was also working during the marriage for 10-years, and he worked at that job for exactly 20-years, 50% of the pension is marital and you would be due 50% of the marital portion. So, 25% is yours.
If he retired and then you got married, you would not be entitled to his retirement unless he somehow converted the retirement account to marital property (which is usually rare). Learn more here at this link about marital property versus nonmarital property and make a call for a free consultation!
I have questions about my adoption case. There were some concerns that we discussed before the consent was made and now that my children are adopted none of the things are happening. So my question is how can i handle this?
Not knowing what you are specifically referring to, but my guess is that it was supposed to be some type of open adoption, or at least have some updates provided?
If court orders are not being followed, you need an attorney to file and go back to court to ask the judge to enforce the orders. In many states, this is called a petition for rule to show cause or a petition to enforce.
Speak with a local attorney that should hopefully be able to provide you with more details after reviewing the documents that were entered and signed.