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When Can a Custodial Parent Relocate in New Jersey?
October 11, 2019 by Leave a Comment
How Does a Court Determine Whether to Grant a Relocation Request?
Let’s face it—we live in a highly mobile society, where people seldom stay in one place for long. One study found that the average American moves about 12 times in his or her lifetime. It’s one thing to pick up and move your whole family—you may still face additional challenges from minor children. But what if you’re divorced and have custody of minor children? Can you relocate? Are there any conditions on your right to move?
In the state of New Jersey, if you are a custodial parent of minor children from a divorce, you must obtain the permission of the court for certain moves. There’s a specific statute (a written law) that governs relocations outside the state of New Jersey—the custodial parent must always obtain court approval. While there is no specific statute addressing moves within the state of New Jersey, there’s plenty of “judge-made” law—court decisions—to help determine rights and responsibilities.
While ruling that the statute governing out-of-state relocations does not apply to in-state moves,the court in Schulze v. Morris also held that an in-state move could be construed as a “substantive change in circumstances.” If so, it requires modification of the existing custody and visitation order. If the existing custody and visitation order needs to be revised, the court must then apply the same factors used to determine whether an out-of-state relocation is permissible.
The Factors Considered When Evaluating a Relocation Request
The guiding principle when assessing whether relocation is permissible is the “best interests of the child.” With that as a given, the court will inquire about:
- The reason for the move—is it for a new job, a better school system or some other reason that can be construed as benefitting the child
- The reason for the non-custodial parent’s objection to the move
- The prior relationship between the parents—is there evidence of an ulterior motive?
- Will the non-custodial parent still be able to maintain a meaningful and regular relationship with the child?
- Whether the child has special needs or talents, and the extent to which those needs and talents will be met through a relocation
- The available educational, health and entertainment opportunities for the child in the proposed relocation site
- The impact on extended family member relationships with the child (such as grandparents)
- The child’s preference, if the child is deemed to be of sufficient age
As a general rule, the court will not allow a move in a child’s final year of high school, unless the child consents.
Contact Attorney David M. Lipshutz
We will only take your case if we know we can help. For an appointment, contact our office online or call us at 856-627-1990. We are available to meet with you Monday through Friday, between 9 am and 5 pm.
How Do New Jersey Courts Determine the “Best Interests of the Child”?
September 17, 2019 by Leave a Comment
The Factors that Go Into Custody and Visitation Decisions
When you can’t find a way to make your marriage work and need to file for divorce, it can be especially difficult to resolve disputes over child custody and visitation. Ideally, you and your ex-spouse will be able to come to an agreement that puts the needs of your children first. Unfortunately, that rarely happens.
If you can’t come to an amicable solution regarding custody and visitation, the court will have to make that decision for you. When that becomes a necessity, the court places a priority on “the best interests of the child.” But what does that really mean?
Under New Jersey law, the court may look at a wide range of factors when seeking to establish what will be in “the best interests of the child”:
- The amount of time (as well as the quality of the interaction) that each parent spent with the child during the marriage
- The fitness of each parent
- The age of the child
- The number of children in the marital home
- The ability of each parent to work cooperatively in matters pertaining to the child
- The distance between the parental homes, as well as the proximity of each parental home to the child’s school and other activities
- Any special needs of the child, and the ability of each parent to meet those needs
- The stability of each parent’s home environment, including stability of partners or house-mates
- Any history of domestic violence by either parent
- The perceived safety of the child in each parental home
- The work and extra-curricular activities of each parent, as demonstrating the amount of time available for parenting
- The preference of the child, if the court determines the child is sufficiently mature to participate in the decision-making
Contact Attorney David M. Lipshutz
We will only take your case if we know we can help. For an appointment, contact our office online or call us at 856-627-1990. We are available to meet with you Monday through Friday, between 9 am and 5 pm.
What You Need to Know about Alimony in New Jersey
August 22, 2019 by Leave a Comment
Understanding Your Rights and Obligations Regarding Spousal Support
Though it’s nowhere near as common as it used to be, alimony (also known as spousal maintenance or spousal support) is still available in New Jersey. Under current law, it’s based strictly on need and is gender neutral. A divorcing husband has just as much right to alimony as a wife. The courts will work hard to ensure that alimony is not used as a weapon, but strive to use it to strike a balance, allowing both parties to be as close as possible to the lifestyle they had during the marriage. The ultimate goal, in most situations, is to provide the necessary support to allow the recipient to take the necessary steps to become self-sufficient.
It’s important right up front to understand that New Jersey law is less than clear on how to address alimony, giving a fair amount of discretion to judges. It is also important to note that the recent tax law changes eliminate the deduction of spousal support payments and no longer require recipients to claim alimony as taxable income. Further complicating matters, New Jersey tax law allows for the deduction of spousal maintenance on state returns and requires recipients to report payments as income.
Unlike child support, where the court simply takes the income of both parties and plugs it into a formula, there is no similar calculation method for alimony. The court may consider a wide range of factors, including:
- The length of the marriage
- The actual need and ability of the parties to pay
- The standard of living to which the parties were accustomed during marriage
- The age, physical and emotional health of the parties
- The potential earning capacities of both parties
- Any parental responsibilities of either party
- The extent to which either party gave up a career to care for children or to further the career of the other party
Contact Attorney David M. Lipshutz
We will only take your case if we know we can help. For an appointment, contact our office online or call us at 856-627-1990. We are available to meet with you Monday through Friday, between 9 am and 5 pm.
Enforcing a Divorce Judgment in New Jersey
July 25, 2019 by Leave a Comment
How to Take Steps to Ensure that Your Ex Complies with the Court Order
In the aftermath of a divorce proceeding, when the judge has signed your divorce decree, you hope and expect that both parties will honor the terms of the order, so that you can get on with your lives. Unfortunately, though, the relationship challenges that led to the divorce often don’t end just because the marriage has ended. Your former spouse may choose not to comply with court order, failing to pay child support as required or denying you access to your children at times of scheduled visitation. What can you do if your ex violates the terms of the divorce judgment?
File a Motion for Contempt of Court
Under the law, whenever a party to a court order fails to comply with the terms of that order—and a divorce decree is a court order—that’s “contempt of court,” which can result in some pretty serious actions by the court. As a general rule, though, the court won’t know that a court order has been violated unless someone puts the court on notice. Accordingly, if your ex refuses to honor the provisions of the divorce decree and you have tried, unsuccessfully, to get him or her to comply, you will have to put the court on notice. To do that, you must file a motion, asking the court to find your former spouse in contempt.
It is critical, though, before you file your motion, to attempt to resolve the dispute without the intervention of the court. In fact, New Jersey law mandates that you accompany your motion for contempt with a “certification,” stating that you or your legal counsel made a good faith attempt to work out the disagreement.
Your motion must include a list of the specific provisions of the court order that your ex has failed to honor, a request that your ex comply with the requirements of the divorce decree (a copy of the original divorce judgment should be attached), and a request that your ex pay your attorney fees.
Contact Attorney David M. Lipshutz
We will only take your case if we know we can help. For an appointment, contact our office online or call us at 856-627-1990. We are available to meet with you Monday through Friday, between 9 am and 5 pm.
Paying the Costs of College after Divorce in New Jersey
April 17, 2019 by Leave a Comment
Traditionally, divorce settlements in New Jersey did not mandate any type of payment by the non-custodial parent for the costs of a child’s college education. Parents could voluntarily contribute or even include some type of payment arrangements in a divorce settlement, but it was totally discretionary. To a significant degree, that has changed.
Under the current approach, courts will look at the financial resources of a non-custodial parent to determine whether contributions to a child’s college tuition and other costs should be mandatory. Though the courts tend to view college education now as a necessity, such a requirement will typically only be included in a divorce decree after an analysis of the following factors:
- Whether the family values and goals create a reasonable expectation by the non-custodial parent that the child will attend college
- The amount required by the child to pay for higher education, as compared to the non-custodial parent’s ability to pay
- The financial resources of the custodial parent
- The availability of financial aid
- Any financial resources the child may have
- The child’s ability to earn income during the academic year
- The level of commitment of the child to the course of study
- The intellectual capacity or aptitude of the child
- Any financial resources the child may have
- The child’s ability to earn income during the academic year
- The extent to which the curriculum sought relates to any prior training or long-range goals of the child
To protect yourself, either as a custodial or a non-custodial parent, you want to make certain that your property settlement agreement clearly states the obligations of each parent with respect to payment of the costs of a college education. In addition, you want to know whether your child support obligation terminates on the child’s 18th birthday…it does not do so automatically.
Contact Attorney David M. Lipshutz
We will only take your case if we know we can help. For an appointment, contact our office online or call us at 856-627-1990. We are available to meet with you Monday through Friday, between 9 am and 5 pm.
Stepparent Adoption in NJ
March 14, 2019 by Leave a Comment
Stepparent Adoption in New Jersey
If you’ve remarried after divorce and you have children from your prior marriage, you may want to consider having your new spouse legally adopt your children. Some of the benefits include:
- The legal right to make decisions about medical care, education, religious training and other life concerns for your stepchild
- A potentially greater bond with your stepchild
- A greater sense of security for the stepchild, particularly if the biological parent is absent
- It will ensure that your stepchild has access to health insurance and other benefits through your employer
As a general rule, stepparent adoptions are simpler than other types of adoptions. In many states, including New Jersey, there’s no requirement that you complete a home study. Nonetheless, the process can take a few months.
Often, the biggest challenge with a stepparent adoption is obtaining a termination of the parental rights of the non-custodial parent. The easiest way to do that is to convince the non-custodial parent to voluntarily relinquish parental rights. Because the termination of parental rights also terminates the obligation to pay child support, that can be an attractive option for some non-custodial parents. However, it also extinguishes the right to visitation with the child.
If you cannot get the non-custodial parent to voluntarily give up parental rights, you can ask the court to terminate those rights. A judge will typically not allow a termination without sufficient cause, such as abandonment, documented domestic abuse or unfitness to be a parent. Among the factors that contribute to a finding of unfitness are history of substance abuse, incarceration or neglect.
You can also terminate the rights of a non-custodial father if you can provide evidence that he’s not the biological parent. DNA evidence is customarily sufficient.
Contact Attorney David M. Lipshutz
We will only take your case if we know we can help. For an appointment, contact our office online or call us at 856-627-1990. We are available to meet with you Monday through Friday, between 9 am and 5 pm.
Happy Holidays from Law Office of David M. Lipshutz
December 24, 2018 by Leave a Comment
With gratitude, we look back on the blessings of this past year; with hope, we look forward to success in the new year. Thank you for choosing to work with us. We hope that this season brings you all that you’re hoping for and that its happiness lasts into the new year.
Domestic Violence and Time Off from Work in New Jersey
December 17, 2018 by Leave a Comment
When you have been the victim of violence at home, it can have a dramatic impact on your work as well. You may need medical treatment or be required to attend court proceedings. You may be experiencing emotional difficulties, need psychological counseling or need to find a safe place.
In recognition of the challenges that domestic violence victims face, the New Jersey legislature enacted a law allowing persons who have been subjected to such abuse to take time off without fear of retaliation or termination. There are pretty specific requirements, though, and the law is clear about how much time you may take off.
Under the law, to be eligible for time off under the domestic violence statute, you must work for a company that has at least 25 employees. You must have worked for that employer for at least 12 calendar months, and must have put in at least 1,000 hours over that period of time. You must also provide written notice to your employer as soon as possible. You do not need to be the victim of the domestic violence, but your employer may require documentation that you or someone in your household or family has suffered from domestic violence. Under the law, any of the following is sufficient to meet your employer’s request:
- A restraining or protective order issued by a court
- Documentation from a prosecutor
- Documents showing that your accuser was convicted of domestic violence
- Medical records
- Certification from a certified domestic violence specialist, a domestic violence agency or the director of a rape crisis center
- Other documentation from a professional, such as a shelter worker, social worker or member of the clergy
The law requires that you employer keep all records and information about the domestic violence allegations strictly confidential.
Under the law, you can take up to 20 days leave in the twelve months following your request. This time may also count against any leave to which you are entitled under the Family and Medical Leave Act (FMLA).
Contact Attorney David M. Lipshutz
We will only take your case if we know we can help. For an appointment, contact our office online or call us at 856-627-1990. We are available to meet with you Monday through Friday, between 9 am and 5 pm.
Alimony in New Jersey – An Overview
December 11, 2018 by Leave a Comment
If there’s a common thread that runs through just about every divorce, it’s money. It may have been a significant contributing factor the breakup of your marriage—more than one third of people in a recent poll cited financial problems as a cause of relationship stress and it’s long been the primary reason people file for divorce. More often than not, though, the biggest conflicts involving money in a divorce are about what happens when the proceedings are over. In this blog, we look at how the courts determine whether alimony/spousal support is warranted and, if so, the factors that go into its calculation.
Alimony in New Jersey
In New Jersey, the decision to grant alimony is determined on a case-by-case basis and is gender-neutral—that means that man or a woman can receive spousal support. Alimony can take a number of forms:
- Permanent support—an order requiring payment for the remainder of the recipient’s life
- Temporary alimony—an order requiring payment for a specific period of time
- Rehabilitative alimony—an order requiring payment until the recipient has either obtained education or training to become self-sufficient or has become employed
The court may take a wide range of factors into consideration when calculating alimony, including:
- How long the parties have been married
- The health and age of both parties
- The standard of living while married
- The potential earning capacities of both parties
- The actual needs of the recipient, as well as the ability of the other party to pay
- The extent to which each party played a significant parental role during the marriage
- The property settlement in the divorce proceeding
- Any income producing assets owned by the recipient
Contact Attorney David M. Lipshutz
We will only take your case if we know we can help. For an appointment, contact our office online or call us at 856-627-1990. We are available to meet with you Monday through Friday, between 9 am and 5 pm.
