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Showing posts from January, 2021

Can a Child Choose Which Parent Gets Custody in New Jersey?

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  During the turmoil of a divorce, it is easy to lose sight of how your children are coping. One of the main reasons why this process is so painful for children is that it creates a sense of instability in their lives. In many cases, these children are reminded that life is completely uncontrollable. Most parents will agree that their children should have at least some measure of control as they end their relationship. So can a child choose which parents they want to live with? Determining custody  is a complicated process in the state of New Jersey. There are many factors that have to be taken into account, and it is not always about what the child wants. For the most part, judges strive to make a decision that promotes the child’s best interests. This is not always in line with what the child wants. After all, a child may want to eat chocolate and candy for weeks on end, but that is clearly an unhealthy and potentially harmful choice for them to make. With all that said, judges in Ne

Can a Mother Pay Child Support in New Jersey?

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  When thinking about the concept of child support, you may automatically assume that this involves a father paying money to a mother. While it is true that this is the most common scenario in the state of New Jersey, there are definitely exceptions. The state itself prides itself on its gender neutrality, especially in the context of divorces and  child custody considerations . When you examine how the laws are written, it becomes clear that fathers are just as entitled to child support as mothers. With all that said, it is best to learn how child support is actually calculated in New Jersey before you jump to conclusions. There are very specific circumstances in which a mother might be required to pay child support to a father. If you want to learn more about whether you are  eligible for child support as a father , it is best to consult with a legal expert who thoroughly understands family law. Determining Who Pays Child Support in New Jersey To figure out whether a mother will be r

What is the Difference Between Probate and Non-Probate Assets in New Jersey?

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  As you plan your estate in New Jersey, you should take the time to understand the differences between probate and non-probate assets. Although this might sound like complicated legal language, the underlying concept is relatively simple to grasp. More importantly, the distinction between these two different types of assets can have a substantial impact on your  estate planning process . If you would like to gain a more in-depth understanding of how your estate will function after your passing, it is always best to seek out help from a qualified legal expert. What are Probate Assets? In New Jersey, the word “probate” simply refers to the legal process that begins after you pass away and your estate is handled by the courts. Probate assets are distributed to your heirs by the court. The overall probate process involves many moving parts, including a will, the executor of your will, paying various bills and fines, collecting or liquidating assets, and much more. It goes without saying t

Divorce and Mortgage Payments

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Many couples who face the divorce process often feel overwhelmed by the number of decisions that need to be made regarding the equitable division of property, spousal support, child support calculations, and child custody schedules. One of the largest stressors is often the decision that will need to be made with respect to the marital home. Making a decision to keep or sell the marital home, or which spouse gets to keep the marital home, can be a large point of contention causing a great deal of conflict. Learn your legal rights and why you still have a responsibility to pay the mortgage payments on the marital home even if you are not living in it during the divorce process. Understanding Mortgages Your mortgage is the amount you pay every month to a bank or other lending institution on your marital home. If the marital home was titled and financed under the names of both spouses, then no matter the circumstances, unless that legal documentation is changed, both spouses still have a