NJ Family Issues

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Archive for the ‘Child’ Category

*All Posts,Child-support,Child-support-modification

The enforcement, collection, modification and extinguishment of unpaid arrearages in child support payments are matters addressed to the sound discretion of the court

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January 26, 2012 at 2:54 pm

*All Posts,Child-custody,Joint Custody

A stipulation to joint legal custody constitutes the parties’ agreement to share authority and responsibility for making major decisions regarding the welfare of the children, calling upon both parents to remain decision-makers in the lives of their children

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January 26, 2012 at 2:51 pm

*All Posts,Child's Name,Divorce

Name-change disputes when the child was born in wedlock to parents who subsequently divorce

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January 26, 2012 at 2:49 pm

*All Posts,Alimony,Child-support,Imputed-income,Income Imputation

A trial court’s decision to impute income must be based on a realistic assessment of capacity to earn

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January 24, 2012 at 12:15 pm

*All Posts,Child-support,Income Imputation

The court may impute income to a party who is underemployed based on potential employment and earning capacity, using the parent’s work history, occupational qualifications and educational background

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January 17, 2012 at 5:33 pm

*All Posts,Child-support,Income Imputation

The value of in-kind benefits may be included in gross income for purposes of calculating child support

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January 17, 2012 at 5:31 pm

*All Posts,Child,Child-custody,Discovery,Expert Testimony,Litigation,Parental Rights

A parent is entitled to a reasonable opportunity to conduct discovery of a court-appointed expert

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January 8, 2012 at 2:34 pm

*All Posts,Child,Child-custody,Emancipation,Guardian

A law guardian acts as an independent legal advocate for the child and takes an active part in the court proceedings

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January 8, 2012 at 2:31 pm

*All Posts,Child-custody

The mere attainment of the age of 18 does not deprive the court of making a custody determination

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January 8, 2012 at 2:28 pm

*All Posts,Agreements,Child-support-modification,Modification of Alimony,Property-settlement-agreement,Settlement agreement

When PSA terms are plain and explicit and set forth in clear and unambiguous language, leaving no room for interpretation, the court will enforce them as written and agreed to by the parties, absent a substantial change in circumstances or unless they would no longer be fair or equitable

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January 8, 2012 at 12:14 pm