By Cynthia Ann Brassington, Esquire and Francis C. Thomas, CPA, PFS This article was first published in the New Jersey State Bar Family Lawyer Journal, April 2019. Baby boomers are now retiring today and divorces among Americans are on the rise. Divorce for people 65 and older has doubled. According to the Pew Research Center,…
DetailsRetirement accounts remain a central focus of almost every divorce case, and are sometimes the only significant asset subject to equitable distribution. Therefore, the time to start addressing the qualified domestic relations order (QDRO) is at the first consultation with your client. Ideally, the terms of the distribution should be resolved early in the process, as…
Details
Paternity rights of biological mothers and fathers are set forth in the New Jersey Parentage Act N.J.S.A. 9:38 – 59. Acknowledgment of Paternity begins at the hospital when the child is born. The father has the opportunity to sign a Certificate of Paternity (COP) voluntarily at the hospital. New Jersey has a Paternity Opportunity Program…
DetailsParents in a dissolution or divorce action come to the Court on equal footing. N.J.S.A. 9:2-4 sets forth factors that the Court is to consider in making an award of custody and/or parenting time, as it is public policy to assure minor children frequent and continuing contact with both parents who have separated or dissolved…
DetailsModification of Child Support Orders Interstate travel has become common and as parties, with children, move from one state to another, a family law practitioner must be prepared to address and advise clients as to the extent or limitations of New Jersey to modify an interstate support order. This article is to give guidance to…
DetailsA parent’s duty to support a child continues until the child is emancipated. Emancipation is a legal concept and has been defined as when a parent no longer has the duty to support a child, such as reaching the age of majority. However, a child attending post-high school education or trade school will delay emancipation…
DetailsThe “grandparent visitation” statute sets forth eight factors for the Court to consider in infringing upon parental autonomy to compel grandparent visitation over the objection of the parents’ fundamental right to raise their children as they see fit. Therefore Grandparent Visitation Statue is subject to strict scrutiny. The Court in Moriarty v. Brandt, 177 N.J.…
Details