Blog Archives

Support arrearages may not be vacated; however, the court must fix an arrearage payment that comports with defendant’s ability to pay

Posted in *All Posts, Alimony, Child-support, Child-support-modification, Divorce, Modification of Alimony

A trial court’s decision in allocating tax exemptions, subject to the acceptance by the Internal Revenue Service, is discretionary

Posted in *All Posts, Child-support, Divorce, Income Taxes

Work, even if not lucrative, should enhance employability

Posted in *All Posts, Alimony, Child-support, Imputed-income

The Guidelines need not be strictly applied and the trial court may disregard or deviate from the guideline; however, the reason for deviation and the amount of the guidelines-based award (before any adjustment) must be specified in writing on the guidelines worksheet or in the support order

Posted in *All Posts, Child-support

Pursuant to the Guidelines, prior child support orders must be deducted from an obligor’s weekly income because such an obligation represents income that is not available for determining the current child support obligation

Posted in *All Posts, Child-support

When a supporting party derives income from self-employment or the operation of a business, the court must determine gross income that is available to the parent to pay a child support obligation

Posted in *All Posts, Child-support

In establishing the amount to be paid by a parent for support of the child, the court must consider, among other factors: the standard of living and economic circumstances of each parent; all sources of income and assets of each parent; the earning ability of each parent; and the responsibility of the parents for the court-ordered support of others

Posted in *All Posts, Child-support

All alimony and support payments shall be made through the probation division at the payee’s request unless exceptional circumstances exist

Posted in *All Posts, Alimony, Child-support, Divorce

What is the effective date for the retroactive establishment of an initial child support obligation in a divorce proceeding?

Posted in *Published case, Child-support, Divorce

A Family Part judge’s authority to modify alimony and support orders

Posted in *All Posts, *Published case, Alimony, Child-support-modification, Divorce, Modification of Alimony

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