Articles Posted in Child support

childIn a recent New Jersey divorce decision, a wife appealed from post-judgment orders. The case arose after the parties got married and then divorced almost 15 years later. They had one child and entered into a marital settlement agreement that set forth the equitable distribution of assets, alimony, and child-related issues like child custody, child support, and visitation.

In 2015, the ex-husband moved the court for various remedies, including terminating or reducing his alimony obligation to his ex-wife. The ex-wife opposed and cross-moved. The court ordered the former couple to economic mediation and established temporary child support from the ex-wife to the ex-husband in the amount of $40 per week. The former couple went to mediation but couldn’t resolve their differences.

In September 2015, the plaintiff filed a motion seeking specified financial documents from the defendant. The defendant opposed the motion.

graduateIn a recent New Jersey appellate case, a mother and father divorced in 1993 and executed a settlement agreement that gave them joint legal custody. The mother would have primary residential custody of their children and would receive $630 per month in child support for the kids. The parties agreed to contribute to the kids’ college expenses. Many years later, the father’s child support obligation was reduced to $150 per week.

After their daughter graduated from college, the father moved to emancipate her and to terminate child support for her and recalculate child support for his son. He claimed she was 23 and could support herself, since she worked part-time.

The mother made a motion to deny the request to emancipate, asking for an increase in child support for their son. She argued that the daughter would go to graduate school at a university and would be interning, and therefore she couldn’t earn income during that time. She asked for the father to pay certain expenses, including taxes attributed to a tuition benefit. She also asked that he pay more child support for their son, since the son’s Supplemental Security Income was going to be reduced.

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dogIn a recent New Jersey alimony case, a father appealed from three post-judgment orders requiring him to pay additional alimony and additional child support from 2010-2013 in line with a marital settlement agreement. The couple had divorced in 2010 after a marriage that lasted 15 years and resulted in two kids, who were teens at the time of divorce.

The parties were divorced in 2010 after 15 years of marriage and two children, both now teenagers. The father was a high-earning specialist in financial services. He’d been laid off but also gotten hired again at the same or higher level of compensation. The mother was a product manager earning more than $80,000 by the end of the marriage.

The mother and father were represented by attorneys during the divorce, and the attorneys had negotiated the marital settlement agreement, which was more than 30 pages long. There were 10 paragraphs about alimony and child support. These included a provision in which the husband would pay base child support for the calendar year and also pay additional child support of 8% from the gross amount of the bonus, incentive award, deferred compensation, or other form of compensation until the kids were emancipated.

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teenagerN.J.S.A. 2A:17-56.67 automatically terminates support when a child reaches age 19 and became effective on February 1, 2017. However, couples may still negotiate settlement agreements that will be incorporated by their divorce judgment, in which they decide to treat emancipation of their children differently.

In a recent unpublished decision, a mother appealed from an order emancipating her 19-year-old son and terminating the father’s child support duties. The couple had married in 1986 and after having three children, divorced in 2006.

Their divorce judgment incorporated a settlement agreement that included a provision on emancipation, stating that it would occur when the children completed high school or upon reaching 18 years of age if a child didn’t go to college. Emancipation wouldn’t occur until after the child finished four years of college if the child went to college, as long as the child pursued it with reasonable diligence.

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daddy-reading-behind-1432160-e1491948926277In a recent New Jersey appeal, a father asked the court to review a trial court order that denied his motion to reduce his child support payments, denied him vacation parenting time, and ordered him and his son to participate in reunification therapy as a prerequisite to parenting time.

The couple separated after a nine-year relationship during which they had a child. The plaintiff/mother was a store manager. The defendant/father was a French citizen who’d lived in the country since age 25, and who worked as an IT manager. The defendant and plaintiff visited the defendant’s parents in France each year.

The couple’s relationship began to have problems in 2011, and the defendant claimed it was because the plaintiff began seeing a coworker romantically. He traveled to French Polynesia in 2012, and the plaintiff didn’t go. They separated the next year, and entered into a consent order that granted joint legal custody to both of them with primary residential custody to the plaintiff and parenting time to the defendant. The order stated that if the father wanted to travel internationally with their child, he’d need to give the mother 20 days notice. The court also set a weekly child support obligation that the father would have to pay.

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childrenIn the unpublished opinion of Maynard v. Michna, the Superior Court of New Jersey considered child support obligations for parents supporting children who were born during multiple relationships. The defendant father appealed, and the plaintiff mother cross-appealed.

The parents met in California while working for the same company. The defendant lived in Georgia at the time, while the mother lived in California. Both were divorced with a special needs child. The mother and her older child moved to the defendant’s Georgia house. The mother decided New Jersey schools were better for her son’s special needs, and she relocated. The couple continued long distance dating, and they had a child together. He was born in 2011 in New Jersey. Four months later, they concluded their relationship.

The defendant paid child support to the child voluntarily. The plaintiff sued for sole custody, child support, and contribution toward their son’s financial expenses. The court held an evidentiary hearing on these issues. At the hearing, the parents agreed that they would share joint legal custody and that the child would live with the plaintiff. The defendant waived his parenting time. The parents established a process whereby the defendant would pay for activity expenses greater than $150 per event that weren’t payable through child support. They also agreed to alternate the tax dependency exemption.

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ringsYou may be bound to your Bergen County ex long after your divorce. Therefore, it is critical to pursue a workable result in connection with alimony and child support at the time of your divorce.

In the unpublished opinion of Corrello v. Corrello, a New Jersey court considered a post-judgment matrimonial case. The defendant challenged a family court order that recalculated his alimony and child support obligations and contested other provisions. The plaintiff also challenged the order at hand and earlier orders.

The couple had married in 1992 and had four children. The wife sued for divorce, and a 15-day trial was held in 2004, after which their divorce was entered. While married, the wife had worked as a financial analyst with a salary of about $33,000 per year. She stopped working when she had their first child, but she got a part-time job earning $4,330 per year in 2002, when she filed for divorce. At trial, the judge determined she was underemployed and could work for $50,000 per year. The defendant was a police officer and earned about $81,000 at the time of the couple’s divorce.

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houseIn a recent unpublished New Jersey appellate case, a father appealed an order adjusting his child support obligations. The couple had married in 1985 and had three kids. They divorced in 1999. Their divorce judgment required the father to pay $450 on a biweekly basis and to keep his kids as beneficiaries on his health insurance.

The father bought a home in New Jersey to give his kids a stable environment. In 2005, the father and mother executed a rental agreement that provided the father would give the mother rent-free occupancy of a three-bedroom home for herself and the kids instead of child support. The defendant was required to make mortgage payments, but the mother had to pay for utilities and maintenance. The agreement started in 2005 and ended in 2013.

In 2000, the father moved out of state to work as a financial consultant. His annual gross income was about $231,000, while the mother’s last full-time job was in 2011, and she earned about $52,000 each year. In 2012, she went to nursing school. Both children were over the age of 18 for the time period that was relevant to the case. One daughter went to school in Oregon, and her father paid her tuition. The other daughter went to school in New Jersey but came back to the mother’s home for holidays, weekends, and half of the summer. The son received Social Security Supplemental Income because he had severe nonverbal infantile autism and needed substantial daily care and supervision due to inabilities in the realms of speaking, dressing, bathing, shaving, wiping, and brushing his teeth.

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twinsA recent New Jersey appellate case arose from a couple’s 2008 marriage that lasted only a brief time. Three months after the couple married, the husband sued for divorce, and later the wife gave birth to their twin sons. The couple resolved all of the issues arising out of their marriage through a property settlement agreement that became part of their divorce judgment. The husband filed several motions about child support and parenting time related to the twins and also appealed the rulings.

While the last appeal was pending, the father tried to modify the parenting time plan. The mother asked for enforcement of earlier orders. The judge denied the father’s request for modification and determined that the father had failed to comply with his child support obligation and parenting time plan. This resulted in his needing to forfeit substantial parts of his parenting time and his being required to provide proof of life insurance for the twins.

The father appealed, asking for a downward reduction in child support because he’d been involuntarily terminated from his job, among other things. The appellate court explained that the original order had to do with a six-year-old property settlement agreement created when the twins were infants. Now, they were over six years old, and the agreement had acknowledged that the father would get more parenting time as they grew. The original agreement had limited his time due to the twins being breast-fed. The father worked and lived in Massachusetts. His child support arrears were in the amount of $25,574.89.

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