Hackensack Family Law Blog

As a family lawyer, I have been asked this question more than once, and not only from potential clients, or former clients, but also from dear friends of mine. Not every pair of love birds make it down the aisle to say their "I do's." Sometimes, a wedding is called off by one party to the shock and dismay of the other. Sometimes, it is a joint decision painstakingly made together. In any event, it is hoped that the decision to pull the plug on the wedding is made well before the final deposits were paid or the invitations were sealed and placed in the mail. However, sometimes cold feet occurs at the very last minute and a wedding is even called off only days (and in some situations, only hours) before the ceremony. After the tears are shed, words are exchanged, and the numerous telephone calls are made to inform the officiant, the vendors and the guests that the wedding will not be proceeding as planned, the inevitable question is asked: WHO GETS THE ENGAGEMENT RING?

Effective February 1, 2017, the child support laws, as we know it, will be changed.

The most notable change is that child support terminates, by operation of law without an order of the court, if a child, less than 19 years old: a) marries; b) dies; or c) enters the military service.

At age 19, child support terminates by operation of law without a court order unless: a) another termination date is set forth in a court order; b) the parents of the child agree and the court approves the continuation of support until a predetermined date; or c) the child support is extended by the court based upon an application by a parent who filed prior to the child's 19^th birthday.

It is always a difficult scenario. Parents get divorced and a custody schedule is entered, for a parent to later be transferred to a different location. Or, a separation occurs, and one parent wants to move to where they have more family support. Post-divorce, people move on to new jobs, new romantic relationships, and new lives.

What happens to the children when a relocation to a new state must occur in order for a parent to move on with their lives? What happens to the children, and to the non-relocating parent?

The law in New Jersey is well-settled: a custodial parent cannot relocate outside of the State of New Jersey with the children without consent of the non-custodial parent, or permission of the Court. If the non-custodial parent will not consent, the next step is that the parent desiring to relocate must make an application to the Court. How does the Court decide?

Such relocation cases are amongst the most difficult cases for a Court. With any outcome, one parent is going to be extremely disappointed - the parent who cannot relocate may miss out on a fruitful work opportunity or new marriage, or the parent whose children are permitted to move away will forever have their relationship with their children altered.

It is not unusual when faced with the reality of having to pay alimony to a former spouse, that one of your first questions will be "when does this alimony obligation end?" If the alimony obligation is a "permanent alimony" arrangement or an "open durational alimony," arrangement, will you have to pay forever? Unless the alimony is for a defined term of years, this is a question that is difficult, if not impossible, for a practitioner to answer for a client.

Prior to 2014, if a party was in a long term marriage, the alimony obligation was likely to have been "permanent." The alimony statute, N.J.S.A. 2A:34-23,(ftp://www.njleg.state.nj.us/20142015/A0500/236_I1.HTM) was amended in September 2014 and omitted permanent alimony, deferring to the newly created open durational alimony, and refining and clarifying how retirement of an obligor will impact the payment of alimony. This timing distinction becomes important because the existing Agreement or Order regarding alimony will be assessed based upon a different standard.