NJ Family Attorneys Explain New Jersey Divorce Laws. Child Support, Custody, Alimony & Dissolution

When you are trying to resolve your NJ divorce or family law matter, it is important to understand the basic legal issues involved in a divorce and how they can affect you. This article will answer some typical questions related to child custody, alimony, spousal support, and child support.

What is the Most Common Type of Child Custody?

There are various child custody arrangements, but the most common type is joint legal custody. Joint legal custody is often considered when there are two (2) loving parents who want to continue to be a part of the child´s life and make decisions regarding the child´s health, education, religion and general welfare. In a joint legal custody arrangement, the child lives primarily with one parent and a child visitation schedule is established for the other parent. This child visitation schedule can be set up in any number of ways to suit your personal circumstances. It is always best to discuss your specific situation with an experienced New Jersey child custody lawyer so you can better understand your rights.

When Does Alimony End?

New Jersey alimony, otherwise known as spousal support, will automatically end upon either party´s death or upon the recipient´s remarriage. However, alimony payments can be terminated for reasons other than death or remarriage. For example, in limited duration alimony cases there are a fixed number of years that alimony will be paid. This means that both parties will know the specific date that alimony will end. Some people prefer to pay alimony in one lump sum, which means that alimony will begin and end with this lump sum payment.

In permanent alimony situation, you should not be misled into believing that these spousal support payments will be made until the end of time or until the recipient is in their 90s. This is simply not the case. There are many occasions when permanent alimony can terminate upon the paying party´s retirement or the recipient´s cohabitation.

When is a Child Considered Emancipated for Child Support Purposes?

In New Jersey, emancipation of a child occurs when a child is no longer dependent upon their parent for financial and other support. Specifically, a child is considered to be emancipated when they go "beyond the sphere of influence". In many States, emancipation of a child occurs when the child reaches the age of 18. However, in New Jersey, the age of the child is not necessarily the determining factor. More often than not, a child turning 18 years old has or will be graduating from high school. At that time, if the child continues his or her education at a university, college or trade school for instance, then the child´s emancipation date in New Jersey is generally extended. This means that both parents have on-going New Jersey child support obligations which can include contributions towards the child´s higher educational costs.

For more legal help and legal information about New Jersey (NJ) child custody, alimony, spousal and child support, family law and divorce related issues or to download a FREE copy of my divorce guide, visit my web-site.