Blog Archives

A support order is always subject to review and modification on a showing of changed circumstances

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

The imputation of income is an extremely fact-sensitive endeavor

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

What must a court do when a parent is voluntarily underemployed or unemployed without good cause

Posted in *All Posts, Child-support, Child-support-modification, Income Imputation

In awarding counsel fees, the court must consider whether the party requesting the fees is in financial need; whether the party against whom the fees are sought has the ability to pay; the good or bad faith of either party in pursuing or defending the action; the nature and extent of the services rendered; and the reasonableness of the fees

Posted in *All Posts, Child-custody, Child-support, Child-visitation, Counsel Fees, Divorce

Prohibiting the retroactive modification of child support is not implicated when the right to support ends

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

In child support matters, the person paying child support and filing a motion for modification must offer sufficient proof as to why he should be relieved of his obligation to not disregard his pre-existing duty to provide support, when making career choices

Posted in *All Posts, Child-support-modification

Whether a support obligation should be modified based upon a claim of changed circumstances rests within a Family Part judge’s sound discretion

Posted in *All Posts, Child-support-modification

Settlement agreements in family matters are contracts, and should be enforced according to the original intent of the parties, to the extent that they are just and equitable

Posted in *All Posts, Child Relocation, Child-custody, Child-support, Divorce, Property-settlement-agreement, Settlement agreement

Calculating the amount of a fee award

Posted in *All Posts, Child Relocation, Child-custody, Child-support, Counsel Fees, Divorce, Domestic-violence

The Child Support Guidelines exclude income from other household members’ including a current spouse who is not legally responsible for the support of the child for whom support is being established

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

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