Alimony Reduction

1. Can alimony be modified?

Alimony can be changed. However, it is not easy to convince a court to reduce alimony. Alimony only defines spousal support obligations of a spouse in the present. Spousal support duties are always subject to review and a modification of a “change of circumstances.” The seminal case that defines what is a “change of circumstances” is Lepis v. Lepis, 83 N.J. 139 (1980).

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1. What are the residency and filing requirements for a servicemember to file for a divorce?

The state of New Jersey will allow a military member or a spouse to file for a divorce where he or she is stationed, even if neither the servicemember nor the spouse is a resident of New Jersey. New Jersey will often reduce or eliminate the residency requirement for military divorces.

A servicemember or a spouse has a choice of the following three states in which to file for a divorce;

1. The state where the spouse resides.
2. The state where the servicemember is stationed.

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1. What is a motion?

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Child Custody FAQ's

1. What are the different types of custody? Custody can be divided up into two parts, legal custody and physical custody. Legal custody means that the parent has the ability to make the major decisions about the child’s health, education, safety and welfare. Physical custody refers to which parent the child lives with

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Child Support FAQ's

1. What is the child support? Every child is entitled to support from his parents. The New Jersey child support guidelines are based on the theory that child support is determined in proportion to the parent’s income and assets as well as the child’s needs. All parents, whether natural or adoptive, have a financial obligation to support their child. This obligation continues even if the parties have divorced. A support award can be increased or decreased as circumstances may arise. In order for a party to change the amount of child support, the moving party must file a motion with the court, and establish a “change of circumstances.” 2. How does a person obtain a child support order? When a parent needs to obtain child support, she must make an application to the Superior Court where the parent and child reside. Normally, the clerk has pro se forms that they give to the pro se litigants. The clerk will then interview the applicant and try to obtain as much info as possible.

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Domestic Voilence FAQ's

1. What is the Prevention of Domestic Violence Act? The Prevention of Domestic Violence Act applies to a person 18 years of age or older or a person who is an emancipated minor that has been subjected to domestic violence by a spouse, former spouse, or any other person who is a present or former household member. A "victim of domestic violence" also includes any person, regardless of age, who has been subjected to domestic violence by a person with whom the victim has a child, or with whom the victim anticipates having a child, if one of the parties is pregnant. "Victim of domestic violence" also includes any person who has been subjected to domestic violence by a person with whom the victim has had a dating relationship

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Martial Tort FAQ's

1. What is a marital tort? Basically, a tort is a civil wrong, for which the court will provide a remedy in the form of an action for damages. Torts may be intentional, negligent or reckless. They may result in any number of physical or emotion injuries and they also include injuries to property. Torts have increasingly become very relevant in New Jersey divorces. Many spouses now also sue their ex-husband for a marital tort(s), and it is then consolidated with the primary cause for the divorce.

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Death and Divorce

1. Why is life insurance such an important consideration in a divorce case?

One of the main considerations in any divorce case is life insurance. If a father or a mother dies then how can the child support be paid. Moreover, if a dependent ex-wife relies on alimony to survive, it can be disastrous if her former husband dies. One of the main considerations in dealing with the possibility of a party's dealt is life insurance protection. Often family courts require the parties in divorce proceedings to obtain life insurance to guarantee the continuation of payments ordered by the court for alimony, child support, or to pay for the college education for the children

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