Post-Divorce
Issues
The Three Most Frequently
Asked Questions About Post-Divorce Issues
- What are the most common post-divorce issues which New Jersey
courts need to resolve?
- What must be shown in order to modify or terminate alimony or child
support in New Jersey?
- In New Jersey, are parents responsible to pay for their
children’s college expenses?
1. What are the most common
post-divorce issues which New Jersey courts need to resolve?
All too frequently, one party to a New Jersey divorce fails to abide by one or more
terms of the Judgment of Divorce, and the other party must have an application filed with
the New Jersey court to compel compliance. That type of application is called a
"Notice of Motion To Enforce Litigant's Rights" and should include a request
that the defaulting party be responsible to reimburse the legal fees and costs that the
non-defaulting party incurs for such an application.
Very often, however, circumstances change substantially after a divorce, and one of the
parties finds it necessary to have an application filed with the court to modify or
terminate alimony or child support.
The allocation of responsibility for children's college costs is also a common
post-divorce issue which must be addressed by New Jersey courts.
2. What must be shown in order to
modify or terminate alimony or child support in New Jersey?
Under New Jersey family law, alimony automatically terminates upon the death of either
party. Permanent alimony and term alimony also terminate automatically upon the remarriage
of the recipient party. In all other situations, New Jersey family law requires a showing
of "changed circumstances." There are many different events which may qualify as
"changed circumstances," including but not limited to a substantial change in
either party's income, an adverse health condition, cohabitation by the recipient party,
early retirement, the refusal or inability of one party to find employment or the receipt
of a substantial inheritance.
Child support, of course, automatically terminates upon the death of the payor spouse
or the child. Under New Jersey family law, child support also terminates upon the child's
"emancipation." which occurs when the child has moved beyond the sphere of
influence and responsibility exercised by a parent and obtained an independent status. In
all other situations, New Jersey family courts will require a showing of "changed
circumstances," just as in alimony modification applications. Some of the same events
which may trigger modification of alimony may also justify a change in child support.
Other events which may affect child support include, but are not limited to, children from
subsequent relationships, increased needs of the child, changes in parenting time, income
earned by the child, or the child's education costs.
Each application is evaluated on its own merits and there are no hard and fast rules on
what is required to make the requisite "changed circumstances" showing.
Therefore, it is extremely important that each party retain a New Jersey divorce law firm
which has a great deal of experience in these types of applications.
3. In New Jersey, are parents
responsible to pay for their children's college expenses?
With very limited exception, in New Jersey financially capable parents are obligated to
contribute to the higher education of their children, if those children are qualified
students. In allocating that obligation between the parents, New Jersey family courts
consider the following factors:
| A. |
Whether the parent, if still living with the child, would have
contributed toward the costs of the requested higher education; |
| B. |
The effect of the background values and goals of the parent on the
reasonableness of the expectation of the child for higher education; |
| C. |
The amount of the contribution sought by the child for the cost of higher
education; |
| D. |
The ability of the parent to pay that cost; |
| E. |
The relationship of the requested contribution to the kind of school or
course of study sought by the child; |
| F. |
The financial resources of both parents; |
| G. |
The commitment to and aptitude of the child for the requested education; |
| H. |
The financial resources of the child, including assets owned individually
or held in custodianship or trust; |
| I. |
The ability of the child to earn income during the school year or on
vacation; |
| J. |
The availability of financial aid in the form of college grants and
loans; |
| K. |
The child's relationship to the paying parent, including mutual affection
and shared goals as well as responsiveness to parental advice and guidance; and |
| L. |
The relationship of the education requested to any prior training and to
the overall long-range goals of the child. |
To speak with a New Jersey Divorce
Lawyer, call 973-455-1220. |
