middlesex county divorce lawyer Archives

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WHAT IF MY EX STOPS PAYING CHILD SUPPORT?

Posted March 13, 2015 by admin

Unfortunately, unpaid child support is a not an uncommon frustration among custodial parents; however, there are a number of options available for enforcement and modification of child support orders in accordance with federal and New Jersey Law.

Financial and emotional support are critical to a child’s well-being and when one parent does not take this responsibility seriously, it should not be overlooked. Child support covers the financial component of a child’s well-being, providing compensation for ongoing expenses associated with basic needs until the child reaches age 18 or is no longer enrolled in high school or secondary education.

Under NJ family law, the right to child support belongs to the child and not the parent, which means that its purpose is not to protect either parent but solely to protect the best interest of the child. Parental obligation to pay child support remains the same regardless of the state of the parent-child relationship. While child support requests are commonly made during divorce proceedings, parents who are legally separated or do not live with one another are bound by this legal obligation.

If your child’s parent stops paying child support, the best course of action is to consult an experienced New Jersey family law attorney and seek enforcement of the existing child support order. If the obligor, the parent who owes child support, lives in another state, the Uniform Interstate Family Support Act (UIFSA) will ensure enforcement and modification can take place with no conflict due to orders issued by courts of different states. While UIFSA enhances the court’s ability to enforce child support orders that were issued in another jurisdiction, it restricts NJ courts from entering or modifying an order established by a court with jurisdiction. It also gives NJ courts jurisdiction over non-resident defendants. Under UIFSA only one support order exists at a given time.

Fortunately, New Jersey has a wide range of child support enforcement methods in accordance with Rule 5:7-5. Some of the most common and effective methods include:

INCOME WITHHOLDING: wage garnishment, in which income is withheld from the obligor’s paycheck, is one of the most effective ways of enforcement. Pursuant to N.J.S. 2A:4-30.97 through N.J.S. 2A:4-30.103, an employer notified of an income withholding order must comply with the order regardless of what state is was registered. Income withholding may also be applied to all incomes used to calculate support including unemployment, workers’ compensation, and certain disability benefits.
NJ CHILD SUPPORT LIEN ACT: a child support judgment establishes an automatic prioritized lien against the net proceeds in excess of $2,000 of any lawsuit judgment or settlement, arbitration award, workers’ compensation award, or inheritance.
FINANCIAL INSTITUTION DATA MATCH: if child support is three months behind, the obligor’s financial assets will be subject to seizure. The financial institution is required to surrender the assets after proper notice and a 30 day contest period. A separate court order must be established for the probation department to identify and seize the obligor’s financial assets in accordance with N.J.S. 2A:17-56.57.
TAX OFFSET OR INTERCEPT: tax refunds may be used to pay child support arrears that exceed a certain amount. Payments due to the State for public assistance benefits paid as child support are first to be paid with the federal tax refund, while the remaining amount is given to the obligee. Generally, state tax refunds are first used to pay the obligee-parent. To qualify for federal tax offset, the amount of unpaid support must be at least $150 in public assistance cases and $500 in non-public assistance cases. For state tax offset the amount of unpaid support must be equal or greater than one month’s support obligation.
APPOINTMENT OF RECEIVER; ASSET SEIZURE: the court may also appoint a custodial receiver to take possession of the obligor’s property and sell or use it to satisfy amounts due under a support order pursuant to N.J.S. 2A:34-23.

Other than income withholding, the rest of the techniques above are applied after failure to comply with the child support order. Moreover, if the obligor still fails to willfully comply with the support order, more severe enforcement may occur in the form of coercive sanctions, pursuant to R. 5:6-5 (enforcement of orders). This permits the court to proceed by carrying out any combination of the sanctions in R. 5:3-7 which include:

Ordering temporary incarceration or issuing a warrant to be executed upon the obligor’s failure to comply in the future; and
Suspending any state occupational or driver’s license; and
Imposing economic sanctions; and
Requiring the delinquent obligor to participate in an approved community service program; and
Ordering any other equitable remedy deemed to be appropriate.

These coercive sanctions are not intended to be used as punishment, but as a way to facilitate enforcement. Typically, an ability to comply hearing is held before the court orders these sanctions to ensure that the obligor has the present ability to pay. Therefore, incarceration is used sparingly in situations when is it likely to lead to compliance with the child support order.

While New Jersey law has numerous ways to protect children and custodial parents in this matter, it can be a tedious and draining process to get payments made regularly if the obligor is unwilling to comply with any order or agreement. At Armour Law, we will help you modify your existing order with the court and ensure that all appropriate enforcement methods are employed.

HOW TO COMPLETE A CASE INFORMATION STATEMENT

Posted December 12, 2014 by admin

The Case Information Statement (CIS) is a very important document that helps establish a person’s life style for the purpose of determining multiple factors in a divorce, including alimony and child support. Personal and family finances such as income/partner’s income, personal/joint life style expenses, and expenses of children are to be truthfully detailed on the Case Information Statement. Making sure this information is accurate is crucial because it is required to be certified as true, which means any misinformation whether intentional or unintentional will cause significant problems in the divorce process. It must be filed with the court no more than 20 days after the Answer or Appearance is filed.

The Case Information Statement is a very involved document that requires significant time and attention. We walk our clients through this process and ensure that there are no inaccuracies.

To get familiar with what this document entails please review our guide:

HOW TO COMPLETE A CASE INFORMATION STATEMENT

FAMILY COLLABORATIVE LAW NJ

Posted November 25, 2014 by admin

While alimony reform was the most talked about bill signed into law by Governor Chris Christie on September 10, numerous others were also signed, including the New Jersey Family Collaborative Law Act (A1477). The act, which is modeled on a proposal by the NJ Law Revision Commission and the national Uniform Law Commission, allows for family collaborative law NJ, a process similar to mediation to be used to dissolve a marriage without court intervention. New Jersey is the ninth state to allow the process after Alabama, Florida, Hawaii, Nevada, Ohio, Texas, Utah, Washington and the District of Columbia.

As stated in the bill, the legislature found that since at least 2005, NJ attorneys have participated in a dispute resolution method known as family collaborative law. This is defined as a process in which an attorney is retained for the purpose of assisting their client with family disputes in a “voluntary, non‐adversarial manner, without court intervention.”

collaborative divorce What sets collaborative law apart is that each party begins with the intention of resolving disputes without litigation. A family collaborative law participation agreement must be signed and in record that adheres to the requirements detailed in section 5 of P.L.2014, c.50 (C.2A:23D-5); some of which include: the parties’ intention to resolve a family law dispute through a family collaborative law NJ process, a description of the nature and scope of the family law dispute, identification of the family collaborative lawyers representing each party, the manner by which a family collaborative law NJ process begins and terminates, and the confidentiality of any communication of a party or a non-party participant.

When the parties meet they are accompanied by their respective attorneys and when necessary one or more non-attorney professionals such as certified financial planners, certified public accountants, licensed clinical social workers, psychologists, licensed professional counselors, licensed marriage and family therapists, and psychiatrists.

If either party or attorney commences a court proceeding related to the issues being addressed through the collaborative process, other than to seek the incorporation of a settlement agreement into a final judgment, the family collaborative process will be terminated. The process will also end if either party is subject to or obtains a temporary or final restraining order under the Prevention of Domestic Violence Act, files a motion for emergent relief, fails to provide necessary information to resolve the dispute, or the collaborative lawyer withdraws from the proceedings.

If the collaborative process is unsuccessful for any reason, both lawyers must withdraw from the case and the parties must seek new counsel. The new attorneys are not allowed to be associated with or from either of the collaborative lawyers’ firms, and any communication or information from the collaborative process may not be used in court.

Collaborative law and mediation differ in that a mediator should not be consulted for legal advice by either party. For example, if one spouse offers a lump sum alimony payment of $200,000, the receiving spouse would not ask the mediator for advice regarding the case law and probability of success if litigated before a judge. However, by using the family collaborative law NJ method, the spouse would have their own attorney to consult before accepting these terms.

collaborative divorce The family collaborative law NJ process can be more cost effective than traditional litigated divorce. By requiring both parties to provide “timely, full and candid disclosure” of relevant information, neither side must resort to discovery. In a divorce, discovery is the process of obtaining important information from sources such as employers or banks. This can include depositions in which sworn statements to be used in court are taken from spouses, witnesses, or other relevant parties. Eliminating these procedures and the time spent at court proceedings – which can last an average of 2 to 4 hours per daily court appearance – will decrease overall attorney fees.

Because each person’s situation varies greatly, there is no one method of dissolving a marriage that is superior to another. At Armour Law Firm we recognize the importance of serving these diverse needs and provide collaborative family law NJ, traditional litigated divorce, and mediation services.

SUPREME COURT NJ TO IMPLEMENT NEW FILING FEES NOVEMBER 17

Posted November 11, 2014 by admin

On October 31 the Supreme Court NJ adopted a new order to increase and create new filing fees. The order will go into effect on November 17. Documents that are received in person, electronically, or by mail after 4:30 p.m. on Friday, November 14 will be given a filing date of November 17 and be charged the new fees. The fees are expected to raise at least $42.1 million. Twenty-two million will be used to implement and administer the pretrial services program, while $10.1 million will go toward creating the judiciary’s electronic filing system, and $10 million will be forwarded to Legal Services. The new rule 1:43 (“Filing and other Fees Established Pursuant to N.J.S.A 2B:1-7 and filing procedures”) provides a list of over 80 fees that have been either increased or newly created. In the area of family, one new fee was implemented, while four others were raised. Filing a divorce complaint will now cost $300 as opposed to $250, and the new post-disposition fee/motion in non-dissolution matters will be $25. Motions in dissolution matters and order to show cause were both increased from $30 to $50, while filing a first responsive pleading in a dissolution matter will be $175 instead of $135. The changes were proposed in September under the terms set by a new law enacted in August authorizing increases to fund a new system for assessing defendants for bail, a digital upgrade for the judiciary, and funding for Legal Services of New Jersey.Court fees were last revised in 2002.

UNDERSTANDING DOMESTIC VIOLENCE IN MIDDLESEX COUNTY: PREVENTION OF DOMESTIC VIOLENCE ACT AND FINAL RESTRAINING ORDER

Posted November 7, 2014 by admin

What is domestic violence?

Abuse can take many forms, whether it is physical, emotional, verbal, or financial. It can be difficult to understand what exactly constitutes domestic violence under NJ law, but it is important to know if you believe you are facing a harmful situation.

Under the Prevention of Domestic Violence Act (PDVA) of 1991, there are 14 criminal offenses: homicide, assault, terroristic threats, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual contact, lewdness, criminal mischief, burglary, criminal trespass, harassment, or stalking.

final restraining order

These are considered to be domestic violence acts when they occur between two or more adults who are currently in or have been in some type of intimate or familial relationship. This includes dating relationships, marriages, household members, or two people who have a child in common.

This act protects individuals regardless of their gender, immigration status, marital status, or any other factor.

What is a restraining order?

Typically, when an act of domestic violence occurs in Middlesex County, a temporary restraining order (TRO) is issued by either the police who respond to the incident or the family court, if the police have not been involved. This usually lasts for a minimum period of about one week, giving both parties time to consult an attorney should they choose. When the TRO is issued, a court date will be provided for a final hearing. The most recent act of domestic violence is examined first, but past history demonstrating the escalation of abuse also plays a role in the court’s decision.

If domestic violence is found to be present, a final restraining order (FRO) is granted. This provides the victim with protection by making it a criminal offense for the abuser to violate. Any contact, even in the form of a phone call, can result in arrest, giving the victim a greater sense of comfort and safety. In New Jersey, a final restraining order is a permanent order that does not have to be renewed after a certain period of time like in many other states; it will also be honored if the victim moves to another state.

Although violating a final restraining order is a criminal offense, simply having one in place does not eliminate the option to negotiate parenting time, and does not effect a person’s employment eligibility or criminal record. Many victims choose not to follow through with a final restraining order fearing these consequences for their partner, spouse, or family member, but unless it is violated, it will serve only as protection and not as a means to “ruin” another’s life.

Taking action

While this process can be undertaken alone, it is commonly a very emotional and confusing time for the victim or plaintiff, making the presence of an attorney very beneficial.

It is important to remember that even though one of the 14 acts of domestic violence may not be occurring directly, abuse can still be present and should be addressed. Domestic violence includes subtle factors that cannot always be seen by those who are not directly involved in the relationship. Many abusers exercise power and control in various ways to isolate, intimidate, and coerce their victims, making it more difficult for them to seek help. When children are involved, battling domestic violence with a knowledgeable attorney becomes even more crucial, as remaining in an unhealthy situation can have a severely negative impact.

At Armour Law Firm we have the experience and sensitivity to deal with domestic violence and understand how it can affect other legal matters such as divorce, mediation, child custody, and child support.