How does overtime pay factor into child support? The Appellate Division just answered this decision in Ferrer v. Colon; a child support matter where both parents were police officers that typically earned a base salary, overtime pay, and income from second jobs. The case was approved for publication on June 9, 2020, meaning that it…
Last week I wrote about the difficult parenting time issues facing all of us, but especially divorcing or divorced parents, in the midst of the unprecedented Coronavirus pandemic. As we all continue to live through some level of isolation with our children and attempt to portray some sense of normalcy, each day passes with contrasting…
Pursuant to N.J.S.A. 2A:17-56.67(a)(1), a child is presumed emancipated at age 19 for purposes of child support, unless a different date is set by the Court. The typical exception is for a child attending college full time, however the date for emancipation shall not extend beyond the child’s 23rd birthday unless there are exceptional circumstances,…
The Supreme Court of New Jersey faced in interesting issue regarding the imputation of income in Caplan v. Caplan, 182 N.J. 250 (2005). In this case, the Father previously had earned seven figures for a number of years. However, he was terminated from his employment and never sought to regain the same income that he…
In order for a Court to hear a matter, it must have both subject matter jurisdiction over the issue and personal jurisdiction over the persons involved. The United States Supreme Court has ruled that subject matter jurisdiction “cannot be forfeited or waived and should be considered when fairly in doubt.” Ashcroft v. Iqbal, 556 U.S.…
Everyone wants to know the answer to the million dollar question: can I retire before the age of 67 years old and still get my alimony and / or child support terminated? Of course you can retire any age you would like, but the courts in New Jersey do not allow you to retire in…