New Jersey Family Law

MENDHAM MORRIS COUNTY NEW JERSEY DIVORCE CHILD SUPPORT GUIDELINES MEDIATOR

The father claimed error in the amount of child support, contending that the shared parenting worksheet, rather than the sole parenting worksheet, should have been used. But the New Jersey divorce judge's rejection of this argument is affirmed. The father agreed to the amount of child support as part of the overall settlement of the parties' parenting and financial relationships. Further, he acknowledged that the New Jersey divorce agreement was the result of negotiation and was fair, reasonable and equitable.    Haskoor v. Haskoor, New Jersey App. Div., November 9, 2009

JERSEY CITY HUDSON COUNTY NEW JERSEY CHILD SUPPORT MEDIATION LAWYER

The New Jersey judiciary says it has removed a glitch in the software used to calculate child support, which in some cases inflated the amount to be paid. The problem has affected as many as 131 cases  since 2005. Personnel are pulling the 131 case files and sending them for recalculation. If there's any discrepancy, the parties will be given an opportunity to request judicial review.    New Jersey Law Journal, October 22, 2009

CLIFTON PASSAIC COUNTY NEW JERSEY DIVORCE MEDIATION CHILD SUPPORT GUIDELINES

This matter is remanded to the New Jersey divorce judge. These issues must be revisited : the amount actually earned by defendant, the court's imputation of income to plaintiff, whether plaintiff is entitled under the New Jersey Child Support Guidelines to an Other Dependent Deduction, and plaintiff's claims of extraordinary expenses. The record is incomplete as to several material issues and the trial court did not provide a sufficient statement of reasons explaining why it accepted or rejected certain of the parties' contentions.     Sewell v. Holmes, New Jersey App. Div., October 15, 2009

SHORT HILLS ESSEX COUNTY NEW JERSEY DIVORCE LAWYER MEDIATION CHILD SUPPORT

The mother is entitled to child support for the period during which she had temporary custody of the children. On remand, the New Jersey divorce judge must recalculate the father's support obligation and determine his obligation for any arrears.    Thomas v. Rodgers, New Jersey App. Div., October 7, 2009

HOBOKEN HUDSON COUNTY NEW JERSEY DIVORCE MEDIATION LAWYER

  After their New Jersey divorce, the parties verbally agreed to an adjustment in the monthly child support amount. Then, the father claimed the agreement was unenforceable, because it was not in writing, and because he had erroneously computed the amount due under the New Jersey Child Support Guidelines. The New Jersey divorce judge correctly ruled that these defenses were unavailing, especially since the mother relied on the agreement and it was implemented by the parties for more than a year.   

Foster v. McGee, New Jersey App. Div., September 29, 2009

CLIFTON PASSAIC COUNTY NEW JERSEY DIVORCE LAWYER MEDIATION

The father appeals the denial of his New Jersey motion for retroactive modification of child support. Agreeing with the trial court that work-related child care expenses should be treated as child support for purposes of applying the prohibition in N.J.S.A. 2A:17-23a against retroactive reduction of child support, the Appellate Division affirms the decision to apply the reduction in child support as of the date of plaintiff's motion, not retroactively to the date the child began school.    Cushman v. Losasso, New Jersey App. Div., September 24, 2009

WEEHAWKEN HUDSON COUNTY NEW JERSEY DIVORCE MEDIATION LAWYER

The New Jersey divorce judge terminated alimony, reduced child support, emancipated the oldest child and vacated all arrears. But these rulings are reversed. There was no evidence of a change in circumstances to support suspension of alimony. Further, there were no relevant factual findings or legal reasons provided. On remand, the support arrears must be readdressed and adjusted.    Schvey v. Schvey, New Jersey App. Div., September 18, 2009

WESTFIELD UNION COUNTY NEW JERSEY DIVORCE LAWYER MEDIATOR

The New Jersey divorce judge reduced child support for 2 reasons : (1) because of the decline in the father's income; and (2) because of the eldest son's departure for college and the fact that his expenses would be covered by college payments. Recognizing the father's diminished earnings and his obligations to pay both college expenses and alimony, Judge Hansbury concluded child support should be reduced from $5750 monthly to $4250, then increased to $4750 after alimony was terminated. These decisions are now affirmed. Meyer v. Meyer, New Jersey App. Div., September 15, 2009

CRESSKILL BERGEN COUNTY NEW JERSEY CHILD SUPPORT MODIFICATION LAWYER MEDIATION

"This case involves the interpretation of a September 1, 1998 amendment to N.J.S.A. 2A:17-56.9a which has never before been addressed in a published opinion...Applying the 1998 amendment to N.J.S.A. 2A:17-56.9a and Rule 5:6B to the case at hand, defendant's request for a modification of child support based upon the passage of three years since the time of the entry of current child support order will not be considered."   Martin v. Martin, ___ N.J. Super.___ (Law Div. 2009); New Jersey Law Div., August 4, 2009

MORRISTOWN MORRIS COUNTY NEW JERSEY DIVORCE MEDIATION LAWYER

This case corroborates the well-established proposition that the New Jersey Child Support Guidelines do not apply, once children reach the age of 18. The father was seeking to reduce his child support for his 18 year old son, who is attending college. The New Jersey divorce judge denied the application without a plenary hearing and without oral argument. This was reversible error.   Nesmith v. Nesmith, New Jersey App. Div., July 20, 2009