Northern New Jersey Divorce Law

Issues of divorce

The Law Office of Cathy J. Pollak understands how messy the end of a relationship can be.  There are many issues to consider when speaking to your New Jersey divorce lawyer.  By selecting a link below, you will find more information on the named topic and how Cathy Pollak can guide you through your divorce and any unforeseen complications.  Even the most amicable separating parties can face difficulties as hurt emotions surface.  These couples should always seek legal advice and ensure their interests are properly addressed.

Child custody and parenting time
Child support, child support modification and child support enforcement
Alimony, alimony modification and alimony enforcement
Equitable division of property and marital assets

Child custody and parenting time

In the state of New Jersey a court of law will make legally binding decisions in matters of child custody if the parents cannot reach an agreement.  The orders made by the court are created based on its interpretation of the children’s best interests and outline how much time the children will spend with each parent.

These rulings are not only used in divorce proceedings.  A New Jersey court may be called upon to determine the custody arrangements for unmarried parents as well.  Some deciding factors the court considers when creating an order for custody include:

• Any history of domestic violence
• The safety of the child
• The parent’s ability to cooperate and communicate where the child is concerned

• The preference of the child (within reason)
• Stability of the home environment
• The job responsibilities of each parent

Procedures for determining a child’s living arrangement when his or her parents separate are different in every state.  A well-equipped child custody attorney in New Jersey can ease the confusion and uneasiness many parents feel when faced with the prospect of less time spent with their children.  Cathy Pollak can work with you in order to advocate your concerns, and support your case with professional and personal witnesses’ depositions.

Based on all the factors deserving of examination, and the strength of the parents cases, the court will submit a binding decree.  Types of custody that may be considered include:

• Sole, legal, or full custody: Grants one party the right to make decisions about your children’s religious, educational, disciplinary, and medical care without having to consult the other (the non-custodial parent may have visitation rights awarded, based on the court’s determination)
• Physical custody: This is when the child is in the physical presence, control, and care of a parent
• Joint custody: Grants both parents shared physical and legal custody of the children with every attempt made to offer equal division between residences. Back to top.

Child support, child support modification and child support enforcement

When a child is brought into the world, the responsibility to financially support him or her must be met by both parents.  In joint custody situations, it is assumed that each party is supporting the child or children while enjoying physical custody of him or her.  When one parent is granted sole custody, the non-custodial parent must pay a monetary amount comparable to what the other is advancing for the benefit of the children they share.

The financial duties of both parents include:

• Food
• Housing
• Utilities
• Clothing
• Child care costs
• Education (including college and or tutoring)

• Extra-curricular activities
• Expenses accumulated in caring for a special need’s child or sick child
• Medical expenses not covered by insurance

The manner in which custody is awarded varies from state to state.  In order to get an accurate overview of how the support costs will be calculated in New Jersey, contact Cathy Pollak.

Modifying child support

As time passes, acceptable amounts of support necessary for a child or children change.   In most cases, child support is only modified after an event that could be called a “substantial change in financial circumstances” befalling either parent.

Both payer and payee parents are welcome to petition a court for a child support modification.  Some reasons the court will consider a change in financial support include:

• Dramatic decrease in income
• Increase in income
• Unintentional unemployment
• A change in the cost of living for either household (new child, increased housing costs, marriage, etc.)
• The last calculation of a support amount was over two years ago
• The child’s expenses have increased
• The paying party’s income has grown
• It is revealed or suspected that income and assets were not declared by the non-custodial party and were not entered into the support amount

Every state has developed methods to enforce the payment of child support.  These practices are unique based on the law of the state they reflect.  Contact a local lawyer to be assured of the information’s accuracy.

Enforcing Child Support

The New Jersey child support enforcement program has tools at its disposal and they are always updating their procedures to improve their effectiveness and efficiency.  Enforcement proceedings can be instituted for failure to meet these child support obligations in New Jersey:

• Making sure the current child support is paid
• All past support payments have been paid
• Spousal support that was ordered in conjunction with child support is being collected
• The child’s health care is secured
• Past-due child support is paid

The ways that the New Jersey government has developed to make sure that child support is produced incorporate, but are not limited to:

• Income withholding
• Credit reporting
• Lottery prize intercept
• Tax fund offset
• Seizure of assets
• License suspension

• Passport denial
• Civil awards/settlements
• Court enforcement
• Warrant
• Judgment
• New Hires Directory

For more details about any and all of these options, click here.

Nearly every method in place to collect child support owed by a non-custodial parent has an appeals process.  These grant the payer a certain length of time during which he or she can contest the child support program’s reason for initiating enforcement procedures.  When a person find him or herself struggling against the enforcement agency, it is imperative to consult a New Jersey child support lawyer.

Contact Cathy Pollak to discuss all your child support concerns.  Whether you are a non-custodial parent in need of support modification, assistance with your enforcement appeal; or you are the child’s primary guardian and need assistance to obtain past due payments, Ms. Pollak can provide the legal assistance necessary to present all interests to the courts. Back to top.

Alimony, alimony modification and alimony enforcement

Also known as spousal support or maintenance, alimony is usually granted as a temporary aid while the supported party improves his or her ability to support him or herself without dependence on the former partner’s income.

New Jersey courts can direct alimony payments to either party and determine payment amount, how long the payments will be required, and if alimony is reasonable.  Some, but not all, of the factors commonly used to reach an objective outcome are:

• The need and ability of parties to pay
• Equitable distribution of marital assets
• How long the parties were married
• Possible tax consequences of alimony payments (alimony must be declared as income on Federal and State taxation forms)
• Parental responsibilities
• How long the party who is seeking support has been out of work
• Each party’s skills, level of employability, earning capability, and highest level of education achieved

After spousal support is ordered by a New Jersey judge, the details of the decree can be changed but securing modification of an alimony award is often very complicated.  Alimony that is granted to offset the payee’s calculated financial needs is normally open to have the payment frequency, amount, or obligation reconsidered.  If you wish to learn more about how to modify alimony stipulations, The Law Office of Cathy J. Pollak is a wealth of information.

Despite the lack of consistent enforcement practices nationwide, each state has various ways to compel that alimony obligations are met.  The New Jersey state guidelines concerning child support were developed in response to pressure from the federal government, making them more uniformly defined than methods of spousal support.

In cases where alimony decrees are not being followed, it is imperative to contact a lawyer who is familiar with New Jersey statutes.  At the onset of an enforcement hearing it is necessary to submit a petition that explains your case and determines a method of application that would satisfy the owed party.  Contact a New Jersey spousal support attorney to discuss your options.

Getting an order for spousal support, modifying existing judgments, and endeavoring to secure the financial maintenance necessary to become self-reliant can be an overwhelming process.  There are important matters that could strengthen your pursuit of alimony, deeply buried in language that is not intended for effortless comprehension.  Cathy Pollak has spent the greater part of her life working to gain proficiency in the field of New Jersey divorce law and she is extremely knowledgeable about the state laws that shape spousal support regulations. Back to top.

Equitable division of property and marital assets

A part of divorce is distributing the property that was shared by the couple during their union.  If the parties cannot reach an accord on how to divide their property, the court will split the couple’s assets and debts for them.

New Jersey is what is referred to as an “equitable division state.”  This means that marital property is not always equally split, 50-50%, without appropriate consideration and the weighing of several factors.

The courts in New Jersey apply a three-phase approach in order to mete out the shared property appropriately.  The first step in this undertaking is for the intermediary to determine what items can be parceled out between the parties based on their definition as marital assets.

The basic interpretation of what makes up “marital property” is that the holdings in question were procured by one or both parties during the time they were married.  This does not include any items purchased before the couple’s union that were kept for the sole enjoyment of one party, unless the property becomes more valuable or is improved upon with joint funds.

This second step taken by the presiding court continues to further the aim for accurate distribution of the marital worth by defining their market value.  This stage in the process of division can be extremely involved and may necessitate working closely with professionals specializing in financial practices (such as an appraiser or a forensic accountant).

In the final step in the New Jersey judicial method for equitable distribution of property, the court takes an extensive list of details that may shift the balance of division under advisement.  These concerns are addressed in order to determine if certain non-monetary contributions either party may have made to the household should still be given a value.  The list, drawn directly from the New Jersey Equitable Distribution Statute, also weighs the possibility that one party may require more of the assets due a lower earning potential, or the need of a custodial parent to retain the marital home in the best interest of the children.

Equitable distribution in New Jersey can be a simple and straight-forward operation.  But it can become an extremely involved process very quickly.

Over 30 years spent in the practice of law has instilled Ms. Pollak with a wide range of experience in the field of equitable distribution.  Her employ in this particular specialty has offered her first-hand involvement in all types of division cases, ranging from couples managing their own property division amicably, to the in-depth evaluation of business affairs.  No matter what the circumstances of your case, having a respected advocate supporting your interests can offer peace of mind during one of the most difficult life events imaginable. Back to top.