Frequently Asked Questions

Yes. If either ex-spouse can demonstrate a substantial change in circumstances, they can file a motion with the court to modify alimony upwards or downwards or to terminate alimony entirely. A paying spouse may seek to reduce their alimony obligation if they experience a substantial decrease in their income or earning capacity or to terminateContinue reading “Can an alimony order be modified?”

Yes. Although money for child support is paid to the parent of primary custody, the right to child support belongs to the child, and is separate from the parent’s right to alimony from their ex-spouse. Child support is intended to help pay for the child’s expenses, while alimony is intended to help equalize the respectiveContinue reading “Can alimony be ordered in addition to child support?”

No. Courts in New York and New Jersey have discretion as to whether to award alimony and how much an alimony obligation should be. Alimony is usually awarded in cases where necessary to ensure that both ex-spouses can maintain relatively comparable lifestyles or to enable one spouse to acquire the employment skills necessary to becomeContinue reading “Do courts always award alimony?”

No. Because you and your partner or spouse may have opposing goals, it would be a conflict of interest for an attorney to represent both of you. However, you can hire an attorney to serve as a mediator if you and your spouse/partner/co-parent are attempting to negotiate an agreement between you. However, an attorney whoContinue reading “Can me and my spouse, partner, or co-parent use the same family law attorney?”

If you and your spouse/partner or co-parent have separated, you can decide how to handle your financial affairs or how to co-parent your children. However, such agreements are not enforceable unless filed in court. This makes it important to work with a family law attorney who can help you through the technical aspects of familyContinue reading “Can I write my own separation or custody agreement without an attorney?”

You should consult with a family lawyer as soon as you are considering, or you know or believe a family member is considering, taking some sort of legal action, such as filing for divorce, child custody, or child support. You should certainly speak to an attorney once you have been served with notice of aContinue reading “When should I speak to a family law attorney?”

Having a professionally drafted, written, signed, and witnessed will and setting up a trust in accordance with all applicable laws are important parts of smart family law and estate planning. You can only contest a will or trust if you have sound legal grounds for doing so. Examples include someone who was coerced or forcedContinue reading “Can I contest a will or trust?”

There are many benefits to writing your will and setting up a trust. Even if you do not have considerable assets or holdings, having a written will and a legally binding trust in place can help your beneficiaries in numerous ways. You never know when you may die, and incapacitating accidents can also lead toContinue reading “Do I need to write a will or set up a trust?”

The duration within which a party can initiate a timely will contest is determined by the state’s statute of limitations. In New Jersey, the clock typically starts ticking from the date the will is filed for probate. Failing to object to the probate application allows a narrow window of four months (or six months forContinue reading “What is the timeframe for contesting a will?”

While a party’s standing to file a will contest will depend on the specific facts and circumstances of the situation, generally, any interested party will be entitled to contest a will. Interested parties include any individual or entity that can show that they have a financial interest in the outcome of the estate administration, usually,Continue reading “Who can contest a will?”