Frequently Asked Questions

During the pendency of the litigation the court holds very firm to the status quo being maintained. That being said, pendente lite support (the support obligation from the date of separation to date of divorce) is still guided by the statutory factors set forth in NJSA 2A:34-23 as to both alimony and child support. Even when a support order is entered, the Court can retroactively adjust the support award based upon the evolution and development of the facts of the case. Mallamo v. Mallamo, 280 NJ Super 8 (App. Div. 1995)

During the pendency of the litigation the court holds very firm to the status quo being maintained. That being said, pendente lite support (the support obligation from the date of separation to date of divorce) is still guided by the statutory factors set forth in NJSA 2A:34-23 as to both alimony and child support. Even when a support order is entered, the Court can retroactively adjust the support award based upon the evolution and development of the facts of the case. Mallamo v. Mallamo, 280 NJ Super 8 (App. Div. 1995)

Maybe. Payment of college tuition is guided by the seminal case Newburgh v. Arrigo, 88 NJ 529 (1982) the Court set forth a variety of factors to be considered when determining each parents’ contribution toward the child’s college education. Over time this case has been expanded upon and explained to provide clarification and subtleties for future consideration. Take for instance Ricci v. Ricci or Black v. Black both of which look towards the child’s position among the parent’s position.

Pensions and all retirement accounts are divided as the overall equitable distribution and will be allocated in accordance with the statutory factors set forth therein. NJSA 2A:24-23.1 In sum, retirement accounts funded during the marriage, commonly defined as the date of marriage through the date of complaint, are subject to division. That does not necessarily mean you have to share the retirement account, but instead the value of the asset has to be considered in the overall allocation of the family assets.

This statement is both true and false. Whenever determining the allocation of a child’s time, the Court must consider the best interest of the child. NJSA 9:2-7.1 Grandparents do not have an automatic right to Grandparent visitation. However, in New Jersey Grandparent visitation is a preserved right in those circumstances where the child would experience harm because of the loss of the relationship.

Wrong. Alimony is awarded based on a multitude of considerations. NJSA 2A:34-23 Some considerations which will be considered are the dependent spouses need and the entitled spouse’s ability to pay. NOTE: I did not incorporate gender designation into the prior sentence. There is a reason for that. In New Jersey we look to the income of each spouse, whether it is earned or unearned and the disproportionate nature of the income. We then consider each spouse’s need based upon marital lifestyle. When determining alimony, a factor will never be gender.

Absolutely not. New Jersey considers many factors in determining the best interest of a child, only one of which is the child’s preference. NJSA 9:2-4 In looking towards the child’s preference, it is the fact finder’s obligation to consider whether the child has been influenced or swayed in setting out their desire. The ways in which an evaluator can see parental influence (sometimes referred to as parental alienation) are subtle but the influence is clear.

No. New Jersey does not apply a presumption of custody based upon the sexual orientation of the parties. In fact, New Jersey takes a leveled and data driven approach in applying the many statutory factors to be considered in determining what is in a child’s best interest. NJSA 9:2-4 Some of those factors include each party’s employment responsibility, the historic parenting involvement and roles of each party, each party’s ability to provide for the child on a going forward basis, the preference of the child when of appropriate age, and many more.

No. New Jersey applies principles of equitable distribution which do not always amount to a 50/50 division of assets. NJSA 2A:34-23.1 While that may be the common starting point, factors which would weigh against a 50/50 division include: premarital assets or influx, inheritance, dissipation of marital assets, and significantly disproportionate income between the parties. There are many other specific factors which could be considered on a case specific basis.