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Questions Answered by Valerie Hemhauser
3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: if a marrried couple getting a divorce and dont have assets property etc will there be spousal and alimony
Valerie Hemhauser
Valerie Hemhauser
answered on Oct 21, 2024

Having no assets alone does not negate the possibility of an alimony support obligation.

Alimony is intended to enable the supported spouse to share in the economic rewards of the marriage, occasioned by the paying spouse's income level. Considerations in whether an alimony support...
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3 Answers | Asked in Child Support for New Jersey on
Q: If parenting time is fully eliminated (court ordered suspension) can child support be increased?

NCP stopped exercising parenting time, even after schedule enforcement was attempted. As a result, the court suspended ALL parenting time and granted sole custody to mother (was joint prior). NCP went from 2 days/week (one weekly o/n) and one full weekend/month to NO parenting time at all. Has not... View More

Valerie Hemhauser
Valerie Hemhauser
answered on Mar 30, 2018

The simple answer is yes. The non custodial parent receives a credit, albeit small, for his regular overnight parenting time expenses. If there are no overnights then a modification application would be made seeking to remove the overnight credit which will increase the support payment. There... View More

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1 Answer | Asked in Child Support for New Jersey on
Q: How much in child support arrears in n.j. before IRS can intercept your refund check
Valerie Hemhauser
Valerie Hemhauser
answered on Mar 2, 2018

In NJ if the obligation is owed to parties receiving public assistance the amount is $150. Otherwise the amount is at least $500. The applicable probation department responsible for collecting the child support is usually the agency initiating the enforcement/ collection of child support... View More

3 Answers | Asked in Child Custody and Family Law for New Jersey on
Q: Hello, I have 3 children 21, 18 and 17. My 17 wants to live with me full time. We have joint custody. Is there a way?

For the most part our divorce has been amicable. But my 17 yr old feels more comfortable at my home as opposed to his mothers. I know when he turns 18 he can go wherever he chooses but for now he feels tied down and going back to his mothers is a burden on him. No abuse or anything, just not... View More

Valerie Hemhauser
Valerie Hemhauser
answered on Feb 26, 2018

It's always best to try to work out the issue directly with the other parent. If so, the terms of the new custodial agreement need to be made into a Consent Order and filed with the court. This way the terms will be enforceable if a future issue arises. It you are unable to obtain consent... View More

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