Child support typically ends when a child reaches the age of majority at 18, or sooner if a child is declared legally emancipated by the court. However, courts may order continued child support after a child turns 18, especially in cases where there is an agreement between the parents to pay for some or allContinue reading “When does child support end?”

Yes. Either parent may petition to modify a child support order, including both decreasing and increasing a parent’s obligation amount. The court may order modification or even termination of child support upon a showing of changed circumstances, such as when the paying parent experiences a substantial decrease or increase in income or earning capacity, orContinue reading “Can child support orders be modified?”

Even where parents enjoy roughly equal custody, courts can still order child support to be paid to the parent of primary residence if that parent incurs more of the child’s expenses, such as providing health insurance coverage or paying for school supplies. However, in deciding child support, courts will factor in the fact that aContinue reading “Do courts order child support if the parents have joint physical custody?”

One of the factors that courts may consider when deciding on child custody is the reasonable preferences of the child. To consider a child’s preference, the court must first find that the child is old enough and mature enough to be capable of expressing a reasoned preference. But a child’s preference is only one ofContinue reading “Can my children decide who they get to live with?”

No. In New York and New Jersey, courts make custody and parenting time determinations in a gender-neutral fashion. Custody orders are not based on the gender of either the parent or the child.

If you and your ex can reach an agreement regarding custody and parenting time, you legally do not need to involve the court with your family’s custody arrangement. However, if you and your ex can reach a child custody settlement, it may be advisable to file your agreement with the court to turn it intoContinue reading “Do we need to go to court if we agree about child custody?”

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?”