NJSBA Family Law Section

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  • 1.  Notice of proposed Final Default Judgment

    Posted 01-27-2017 05:55 PM
    Hello list mates,

    I'm preparing a Notice of proposed Final Default Judgment of Divorce and could use some help with the language and authority to cite. 

    21 year marriage.   Wife was stay at home mom and just started working part time- she earned $11,000 last year.  Husband is the primary wage earner- he made $118,000 last year.

    I am trying to combine alimony and child support to allow for a deferred sale of  marital house so that the custodial parent can stay there until the youngest graduates High School.   The custodial parent needs both supports to pay the mortgage and overhead.    College will continue to be paid with student loans and should not be an issue.   There are 3 kids, ages 15, 18 and 20.  The problem is that one of the children is 20 (lives at home and commutes to college) and the second child is about to turn 19 (and may attend college in NJ next fall and will also commute from home but not sure).   This is not a guidelines support case for the most part.

    As I understand the new statute, child support cannot be enforced through probation after age 19.  However, my client needs the assurance of a wage garnishment to pay the overhead.  She cannot afford to stay in the house on her income alone.

    I am not sure whether support can be combined and defined as un allocated and ran through probation by wage garnishment, and if so, should reference be made to the guidelines support worksheet as the method for determining part of the support, and for future modification?

    Any thoughts on this, and/ or language that I can use in the Notice and form of Judgment would be greatly appreciated.  

    Thank you.

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    Valerie Hemhauser Esq
    Red Bank NJ
    (732)842-9993
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  • 2.  RE: Notice of proposed Final Default Judgment

    Posted 01-27-2017 08:17 PM

    Valerie,
    The new child support allows probation to enforce up to the age of 23 as long as custodial parent can prove child is attending college fulltime. Fulltime is based on number of credits child is taking and determination of fulltime student by school. Then probation changes the date of cs termination on a new date of graduation but will. Not enforce cs past age of 23 years old.




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