Enforcing a Divorce Judgment in New Jersey

How to Take Steps to Ensure that Your Ex Complies with the Court Order

Enforcing a Divorce Judgment 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

divorceTraditionally, 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

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

Law Office of David M LipshutzWith 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.