A Not-So Empty Nest and Child Support

Many people presume that child support automatically terminates upon a child’s attainment of the age of majority. However, whether an ex-spouse is entitled to continue to receive child support past that time is not so black and white. The New Jersey law which addresses “emancipation” for purposes of terminating child support was recently amended and becomes effective February 1, 2017.

Agree to Disagree? Appealing Trial Court Orders Regarding Arbitration Awards

A recent Appellate Division opinion confirms the general rule that trial orders confirming, modifying or correcting an arbitration award are precluded from appellate review by statute, the Alternative Procedure for Dispute Resolution Act (APDRA).  This decision is an important read for anyone with an arbitration clause in his or her marital settlement agreement.

What is a Case Information Statement and Why Does It Matter?

In New Jersey, each litigant in a divorce must complete a Case Information Statement, (commonly referred to as a CIS) and file it with the court.  The Case Information Statements are arguably the most important documents in an entire divorce so, though time consuming and tedious, it is important that divorcing parties fully understand what it requires.

The Sound of Silence: Cohabitation is a Foreseeable Event Required to be Included as Alimony Terminating Language in a Marital Settlement Agreement

In 2014, the New Jersey State Legislature amended the alimony statute, N.J.S.A 2A:34-23, which better addressed the issue of cohabitation.  The amended statute now states as follows:

Alimony may be suspended or terminated if the payee cohabits with another person. Cohabitation involves a mutually supportive, intimate personal relationship in which a couple has undertaken duties and privileges that are commonly associated with marriage or civil union but does not necessarily maintain a single common household.

When assessing whether cohabitation is occurring, the court shall consider the following:

Considering a Divorce? Top 10 Tips to Be Prepared

1. Get Informed.

Knowledge is power. Many people go through life without a full understanding of their finances. Sometimes it’s trivial, like not knowing exactly how much money is in your 401(k), while other times, people are unaware of exactly how much money their spouse makes.

New Jersey Divorce: Division of Assets is Equitable, not Equal

When spouses divorce, one of the things most often fought over is the division of their marital property, which is also referred to as equitable distribution.  Different states have different laws on what is considered marital property and how the marital property is divided between spouses.  In New Jersey, a court will divide the marital property “equitably” between divorcing spouses, which should not be confused with “equally.”

What is an Order to Show Cause?

Chicago Cubs fans around the world rejoiced this month when the team took their first World Series Championship in 108 years.  Thanks to the decision of an Illinois family court last month, however, there may be one disgruntled Chicago Cubs fan this year – a husband who was forced to provide his soon-to-be-ex-wife with a ticket to Game Four of last month’s World Series game between the Chicago Cubs and the Cleveland Indians.