Family Law FAQ
Q. Do I Need An Attorney For My Divorce Or Custody Action?
A. While not every divorce or custody action requires representation by a family law lawyer, it would be wise to consult with such a professional so that you can adequately understand your legal rights and options. This is especially true when there are substantial marital assets and income or you anticipate difficulties when it comes to custody arrangements.
Very few individuals have sufficient knowledge of New Jersey family law to know what steps to take to represent oneself in a family law action or to know what options are available to ensure our rights receive protection. Knowledgeable family law lawyers understand the manner that courts operate and what strategy best ensures success.
It is especially important if you are unmarried and have children to understand your rights when it comes to raising your child. You are at risk of losing the right to participate in your child’s life if such issues are not handled carefully. It is also important to have an attorney available in the event a child custody or visitation order requires modification.
Most family law issues are too important to go it alone. Please contact a knowledgeable and experienced family law attorney in order to best assure your wishes regarding divorce or child custody are carried out.
Q. How Is Child Support Determined In New Jersey?
A. Both parents are required under the law to contribute to the support of their children. Ideally, parents will stipulate regarding how much financial support each parent should provide. Unfortunately, not all parents are willing to pay their fair share and the court must order the appropriate level. Under such circumstances, the courts will look at the respective incomes of both parents, their financial circumstances and the ability to otherwise support the child. The court can also impute/assign an income amount to one or both individuals should it believe that one or both of the parties is/are underemployed or not properly reporting their income.
Most importantly, the court will examine the physical, mental, emotional and educational needs of the child. The court will order payments that best meet the needs of the child while accommodating the needs of both parents as well. Any intent of any such order is to make certain the child’s circumstances do not drastically change after the divorce takes place.
Q. I Have Primary Residential Custody Of My Children And I Wish To Move To Another State. What Steps Should I Take?
A. New Jersey requires parents to satisfy specific requirements before a custodial parent can relocate with the parties’ child. It is therefore important that you consult with a family law attorney to discuss your options. It will be necessary to obtain a court order, or written consent of the other party, before this relocation can go forward. The court will ask for the input of both parents before making a determination. Since the noncustodial parent also has legal rights, it is always desirable for both parents to work out their issues and come to an agreement. This may entail allowing the noncustodial parent to have the children during an extended summer vacation or other such arrangement agreeable to both parents. A properly prepared consent order and agreement sometimes helps resolve disputes concerning the relocation. If such a consent order cannot be reached, then a motion seeking such relocation must be filed with the court, which must address numerous factors – set forth in the New Jersey custody statute upon which the judge may make his or her decision. In making such decisions, the court must consider, first and foremost, the “best interests” of the child/children. Failure to address the required factors will almost certainly result in denial of your application, which is why it is critical to have legal counsel prepare such a motion on your behalf.
It is also important to note that less than a decade ago, attorney Andrew Wolfenson was successful in representing his client, the then non-custodial parent, in the matter of A.J. v. R.J., 461 N.J. Super. 173 (App. Div. 2019), the case which redefined the requirements to be met in order allow the custodial parent to move far away within the state, in that case from Elizabeth to Mount Holly. In these “intrastate” relocations, the non-custodial parent has the right to bring a court action to prevent the custodial parent from making such a move, and the court must consider the same statutory factors to determine whether such a move would be against the child/children’s best interests. Prior to that Appellate Division decision, a custodial parent was essentially able to move anywhere within the state with the child, whether or not the non-custodial parenting agreed or consented.
Q. Will I Receive Alimony Or Spousal Support Following My Divorce?
A. Alimony/spousal support is not automatically provided as part of a divorce proceeding. Such an order is left up to the discretion of the court. The court will examine a number of factors, including:
- The incomes of both spouses
- The earning capacity of the couple
- Length of the marriage
- Age of both parties
- Health of each party
- Whether there are child supports also being made
Each alimony determination is made on a case-by-case basis.
Q. When Is A Guardianship Appropriate For A Child?
A. Guardianships sometimes are allowable on a temporary or permanent basis. A temporary guardianship may be appropriate if a parent faces temporary disability or hospitalization. On the other hand, there are circumstances where a more permanent arrangement is necessary due to the loss of a parent or because a parent is mentally or physically unable to take care of the child. In any case, it is necessary for a court to appoint a guardian to make certain the child’s best interests are met.
Sometimes it is necessary for the court to appoint a guardian ad litem as well. This occurs when a minor child or disabled adult child who is unable to take care of his or her own affairs finds himself or herself involved in a lawsuit. The guardian ad litem will then represent the interests of this individual during the legal proceedings.
Contact Wolfenson & Ashkenazi, P.C., To Learn More
You can contact our law office to learn about these or additional topics related to family law by calling 908-364-4054. Your first consultation with an attorney is free.