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What Is a Cost of Living Adjustment?

If your child support agreement is such that you are paying or receiving support through the Probation Division, then your child support agreement will be subject to what is known a "Cost of Living Adjustment (COLA)". Following Court Rule 5:6B, all child support payments which are made through the Probation Division will automatically increase every two years in accordance with the assumed increase to the cost of living. But how are Cost of Living Adjustments calculated, and can a COLA be contested? Let's take a look. Calculating an Ocean County Cost of Living Adjustment Cost of Living Adjustments are based upon the estimated increase in the...

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Child Support and Paying for College

One of the most commonly asked questions of our Ocean County child support law firm is "Can my child support agreement include support for my child's college education?". Considering the importance a college education has on the career opportunities available to anyone in New Jersey, as well as the expense of securing any post-secondary education, it is clear why parents would be concerned with this issue. However, while there is now a number of precedent setting cases which establish the legal belief that a child's education is a necessary expense for the child's parents, that doesn't necessarily mean that your child...

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The Five Types of Alimony and Spousal Support

Alimony, sometimes referred to as spousal support, is often one of the most important, and contentious, issues that will need to be decided during any Ocean County divorce. In general, alimony is designed to help one spouse who has traditionally been financially dependent on the other to maintain their standard of living after their divorce, and in many cases help them achieve financial independence. While there are specific factors which any family law court will consider when determining an alimony settlement, these factors offer a rough guideline at best, and your alimony settlement will often depend upon the evidence and arguments...

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NJ Supreme Court Changes Child Relocation Laws

On August 6th, 2017, the New Jersey Supreme Court ruled on the case of Bisbing v Bisbing. As an outcome of their ruling, the NJ Supreme Court has overturned 20 years of prior case law regarding how child relocation requests and hearings are handled. This ruling is extremely important for any parent who is considering an out-of-state relocation with their children, or a parent facing a pending relocation of a former spouse and their children. Let's take a closer look at the ruling, and how exactly NJ relocation laws have changed as a result.   The Case of Bisbing v Bisbing Ocean County Relocation...

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Bird’s Nest Child Custody Arrangements

One of the most difficult issues to decide during any Ocean County divorce or legal relationship dissolution is that of child custody and parenting time. Often, both parents want to play an active role in the lives of their children, and while a shared custody 50/50 arrangement may be the fairest thing for the parents, it can often be difficult for the children involved to constantly move back and forth between the homes of their parents. However, there is a type of child custody arrangement that has been growing in popularity which addresses this issue specifically. Known as "nesting arrangements" or...

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What is the Child Support Probation Division?

The New Jersey Child Support Probation Division is a part of New Jersey's Department of Human Services. It is designed to act as a third party which monitors, records, and enforces child support payments. During a divorce involving parents of children, one critical part of your divorce settlement agreement will be that of child support. While the amount of child support the obligor will be expected to pay is determined using a strict set of guidelines found here, one important aspect of your child support settlement you will have to decide is exactly how those payments are made. Unless you and your Ocean...

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Will I Lose my House in the Divorce?

One of the most common questions our Ocean County divorce clients ask of us is "Will I lose my house in the divorce?". Sadly, there is no easy answer to this question. Homes are treated the same as other assets such as family owned businesses and real estate properties during a divorce, and in order to answer this question, you and your Ocean County divorce attorney will have to discuss several key factors. Spring Lake NJ Attorney Considers Prenuptial Agreements The first and most important factor to consider in any divorce is whether or not a signed prenuptial agreement exists between the...

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Why You Should Sign a Prenuptial Agreement

Many people are hesitant to bring up the idea of a prenuptial agreement with their fiancee or spouse. They fear that by bringing up the idea of protecting themselves in the possibility of divorce, their partner will think they plan to divorce. Having a prenuptial agreement in place, however, does not mean that either party plans to divorce, merely that they are taking prudent steps to protect both of their futures against every possibility. In addition, couples who create a prenuptial agreement demonstrate that they are capable of having important discussions about important matters in an intelligent, and adult manner,...

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Divorcing an Abusive or Violent Spouse

Many victims of domestic violence and abuse fear that, should they file for divorce, they may only antagonize their abuser, and risk the safety of themselves and potentially their children. The good news is that New Jersey domestic violence laws provide many protections for victims of abuse, and there are a great deal of different resources available to parties seeking to separate themselves from abusive relationships. Domestic Violence Ocean County Attorney Domestic Violence can not only be physical abuse, but emotional and financial as well. The 1990 Prevention of Domestic Violence Act states that the following actions are considered to be a form...

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Can I Pay Child Support Directly To My Child?

One of the most important aspects of any divorce settlement is the component of child support. Child support is determined in New Jersey using very specific formulas based on the financial status of both parents, and the needs of the child or children in question. One very commonly asked question of Ocean County child support attorneys is whether or not child support can be paid directly to the child, rather than the custodial parent. Such requests are made due to a number of reasons, for instance: The money that was given for child support was not being used for the intended purpose. ...

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