Posted by DivorceLine in New Jersey Divorce Procedures
Complete overview of New Jersey divorce laws for people considering a New Jersey divorce or filing a New Jersey divorce with issues to be resolved about child custody, child support, visitation and alimony.
New Jersey Divorce Residency Requirements
In order to file your Complaint for Divorce in New Jersey, you must make sure the Superior Court has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the New Jersey residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing requirements are as follows:
Jurisdiction in actions for divorce, either absolute or from bed and board, may be acquired when process is served upon the defendant as prescribed by the rules of the Supreme Court, and
1. When, at the time the cause of action arose, either party was a bona fide resident of this State, and has continued so to be down to the time of the commencement of the action; except that no action for absolute divorce shall be commenced for any cause other than adultery, unless one of the parties has been for the 1 year next preceding the commencement of the action a bona fide resident of this State; or
2. When, since the cause of action arose, either party has become, and for at least 1 year next preceding the commencement of the action has continued to be, a bona fide resident of this State.
The divorce is typically filed with in county in which the filing spouse lives. (New Jersey Statutes – Title 2 A – Chapters: 34-8, 34.10)
Since divorce is governed by state law, it is required that you meet specific residency requirements in order to file for a divorce in the state of New Jersey. It is most common that people file for a divorce in the county in which they live. If you are unsure of whether or not you meet the New Jersey residency requirements you can try contacting the Clerk’s office of the domestic relations or family law division of your county courthouse.
New Jersey Grounds for Divorce
The Complaint for Divorce is the initial document filed with the New Jersey court. It is in this document that the filing spouse will request the court to terminate the marriage under certain specified grounds.
Divorce from the bond of matrimony may be adjudged for the following causes heretofore or hereafter arising:
a) Adultery;
b) Willful and continued desertion for the term of at least 1 year;
c) Extreme cruelty;
d) Living separate and apart without cohabitation for a period of at least 18 or more consecutive months;
e) Alcohol or drug abuse;
f) Institutionalization for mental illness for a period of 2 or more years;
g) Imprisonment for 18 months or more;
h) Deviant sexual conduct voluntarily performed by the defendant without the consent of the plaintiff.
(New Jersey Statutes – Title 2 A – Chapters: 34-2)
Every divorce case that is filed in the state of New Jersey must declare the grounds in which the divorce is to be granted. The grounds for divorce must be substantiated with evidence or testimony otherwise the court may dismiss the case. When you are petitioning the court for a divorce, or agreeing to a divorce, make sure that you completely understand the grounds and any potential legal repercussions.
New Jersey Uncontested Divorce
This information is an overview of the uncontested New Jersey divorce filing process and a summary of the divorce papers that are typically filed with the family law or domestic relations clerk. This overview is not intended to be an exact step-by-step guide for those “do it yourself divorce” filers, due to the fact that many cases are unique and the overview presented here is often not the only method of obtaining an uncontested divorce in New Jersey.
To file for divorce in New Jersey, 1) a person must be a resident of the state for at least one year, or 2) when the ground is adultery that took place in New Jersey, one of the spouses must be a resident (there is no time limit).
The spouse filing the action is called the Plaintiff; the spouse responding is called the Defendant. Divorce actions are filed in the Chancery Division, Family Part, of the Superior Court, which is the county court.
In New Jersey, No-Fault grounds for divorce are living separate and apart for 18 months with “no reasonable prospect of reconciliation.” Fault grounds are 1) adultery, 2) willful and continued desertion for one year, 3) extreme cruelty, 4) deviant sexual conduct, 5) addiction, 6) institutionalization, and 7) imprisonment for 18 or more consecutive months.
Separation means living separate and apart and having separate lives. Usually, this means living in separate places, not merely in different rooms in the same house. As a rule, the 18-month period begins when the couple agree it begins, but one spouse may contest that date and thus delay the divorce.
Unlike some states, New Jersey does not have a summary divorce. However, the simplest divorce action has five steps, which the Plaintiff does the following:
a) Files a Verified Complaint for Divorce, which identifies the parties in the action and stipulates the action: divorce.
b) Serves the Defendant, which means delivering a copy of the Verified Complaint with a Summons that gives the Defendant 35 days to file an Answer. The Summons is normally served by a sheriff’s officer in the county in which the Defendant resides.
c) Negotiates with the Defendant or his or her attorney about the division of the marital estate, spousal and child support. In New Jersey, the parties may expedite these negotiations with the use of Early Settlement Panels (ESPs).
d) Reaches a settlement with the Defendant dividing the assets and liabilities of the marital estate.
e) Asks the court to schedule a final hearing, provided the statutory time guidelines are met.
To file on an uncontested basis, four threshold requirements must be met. They are as follows:
1. Unless alimony is sought, either or both spouses must have resided in New Jersey for at least the past year.
2. Both spouses agree on custody and child support.
3. Both agree on property division and distribution.
If the parties meet these requirements and if they are not seeking divorce on grounds of separation, a divorce may be completed in a short time.
Going this route requires that these forms be completed:
a) A Civil Case Information Statement, which describes the type of case before the court.
b) A Verified Complaint for Divorce, which starts the action.
c) Certification of Insurance Coverage, which certifies the continuation of medical insurance for the parties, i.e., the Defendant, Plaintiff and children.
d) A Case Information Statement, which profiles the assets and liabilities of the parties.
e) A Cover letter, which is sent to the Clerk of the Superior Court where the action is filed.
f) A filing fee of $160.
At some point, the couples must agree on everything at issue, including the division of the marital estate, child custody and visitation, and this is incorporated into the Property Settlement Agreement (PSA). This may be accomplished by the parties themselves, their counsel and/or the ESPs. At the final hearing, the PSA is incorporated by reference into the Final Judgment of Divorce, which is also prepared by the Plaintiff.
In this routine, all necessary forms are served upon the spouse, who may or may not file an Appearance and his or her own Case Information Statement. If he or she does not file an Appearance or his or her own Case Information Statement, the Plaintiff may move for and receive a default judgment 35 days after the Defendant is served.
A contested divorce requires that the Plaintiff file all the forms required in an uncontested action. The trajectory of a contested divorce, however, from filing to final judgment, is impossible to predict because each side jockeys for its own advantage. Normally, the Defendant files an Answer with Counterclaims. Normally, the Defendant has 35 days to answer the Complaint by filing a Counterclaim. The Plaintiff then has 20 days to file a response to the Counterclaim. The divorce may begin contested but end uncontested because even as the parties are maneuvering for battle they sometimes continue to negotiate.
Both spouses must file a Matrimonial Case Information Statement (CIS) within 20 days after the Defendant has answered the complaint. The CIS is each party’s statement of contested issues, assets and liabilities, property owned by the spouses, spousal income and important financial issues. It may be updated and amended up to 20 days before the final hearing on the divorce.
After filing the Complaint, the Plaintiff may seek motions to settle, on a temporary basis, such issues as temporary spousal and child support and custody.
In New Jersey, after the Verified Complaint is filed, the action is assigned to one of four judicial management tracks, which determines how quickly the action moves through the court. They are as follows:
1. Priority Track, which includes those cases involving contested custody and parenting time.
2. Complex Track, which are those requiring substantial court and litigant resources because of the number of parties, claims and defenses raised, the complexity of issues raised and overall difficulty of the case.
3. Expedited Track, which are those cases that can be tried with minimal pre-trial proceedings.
4. Standard Track, which are those actions not assigned to tracks 1, 2 or 3.
All counties in New Jersey use Early Settlement Panels (ESPs), which upon referral of the court, sets forth positions as to material issues such as property division, child support and custody. Participation is not voluntary. Spouses who decline to participate may be penalized, either through the award of legal fees to the other spouse, or the dismissal of his or her pleadings.
When a spouse cannot or will not be found, the Plaintiff must make what is called “diligent inquiries” to locate him or her. If these fail, the Plaintiff may ask the court for permission to use an alternative method of service. This is done in one of two ways: 1) serving the Defendant by what is called “substituted service” on a special agent, which means serving another person who is able to give the Summons and Complaint to the Defendant; or 2) Service by Publication, which mean publishing the divorce complaint in a newspaper.
In New Jersey, “diligent inquiries” are very demanding. The Plaintiff must use forms to write a Letter of Inquiry to Defendant’s Friends, Family, or Employers, a Letter of Inquiry to MVC, Letters of Inquiry to Military, a Letter of Inquiry to Postmaster. The Letter of Inquiry to Defendant’s Friends, Family, or Employers must be sent by both regular mail and certified mail, return receipt requested. Each letter must include a self-addressed stamped envelope. All possible leads, both in New Jersey and outside of the state, must be explored. If service is successful, the Plaintiff must wait at least 35 days for response from the Defendant.
If this fails, steps 1 or 2 may be taken. Step 1 requires a Request for Order Permitting Service on a Special Agent and Supporting Certification. The Supporting Certification is a copy of each letter sent during the diligent inquiries. The Order Permitting Substituted Service on a Special Agent identifies the party, particularly why that person may be able to give the papers to the Defendant. This must be accompanied by a Filing Letter to Court – Request for Substituted Service.
For service by a special agent, the following forms must be prepared: a cover letter to the sheriff, two copies of the Summons and attached Proof of Service; two copies of the Complaint for Divorce, attached Certification, Certification of Insurance and Certification of Complementary Dispute Resolution. New Jersey courts usually specify how the special agent is be served and require that the special agent be served through the sheriff’s office.
If Step 1 is not possible, Step 2 may be taken. Step 2 requires that the Plaintiff file a Request for Order Permitting Service by Publication, an Order Permitting Service by Publication, and the Supporting Certification of the copies of letters of inquiry. The court then designates a newspaper in which the Plaintiff must publish the notice.
For service by publication, the following forms must be prepared: a Cover Letter to Newspaper requesting Publication and a Notice of Order of Publication. After the publication, the Plaintiff must file a Filing Letter to court Re: Certification of Publication, which is a form.
Regardless of the method of service, the Defendant must be served within four months of filing the Complaint. If the Defendant is not served within four months, the court may dismiss the action.
New Jersey Simplified Divorce Procedures
The filing of an acknowledgment of service of process or appearance is specifically authorized. Also, there is a required Case Information Statement which must be filed as shown in New Jersey Civil Practice Rules, Appendix V.
[New Jersey Statutes Annotated; Title 2A, Chapter 34-11].
Each state has its own unique filing procedure. When filing for divorce in New Jersey, you must adhere to the strict filing guidelines and prepare and submit the appropriate mandatory divorce documents to the county court. You will discover that some documents may be provided by the New Jersey Legal System and others must be constructed on a case-by-case basis containing certain information and criteria to adhere to the New Jersey Laws and the filing requirements.
New Jersey Property Division Factors
In New Jersey, the property and debt issues are typically settled between the parties by a signed Marital Settlement Agreement or the property award is actually order and decreed by the Superior Court within the Judgment of Divorce.
New Jersey is referred to as an “equitable distribution” state. When the parties are unable to reach a settlement, the Superior Court will take the following approach to dividing the assets; First, it will go through a discovery process to classify which property and debt is to be considered marital. Next, it will assign a monetary value on the marital property and debt. Last, it will distribute the marital assets between the two parties in an equitable fashion. Equitable does not mean equal, but rather what is deemed by the Superior Court to be fair.
The court shall consider, but not be limited to, the following factors: 1.The duration of the marriage; 2.The age and physical and emotional health of the parties; 3.The income or property brought to the marriage by each party; 4.The standard of living established during the marriage; 5.Any written agreement made by the parties before or during the marriage concerning an arrangement of property distribution; 6.The economic circumstances of each party at the time the division of property becomes effective; 7.The income and earning capacity of each party, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children, and the time and expense necessary to acquire sufficient education or training to enable the party to become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage; 8. The contribution by each party to the education, training or earning power of the other; 9. The contribution of each party to the acquisition, dissipation, preservation, depreciation or appreciation in the amount or value of the marital property, as well as the contribution of a party as a homemaker; 10. The tax consequences of the proposed distribution to each party; 11. The present value of the property; 12. The need of a parent who has physical custody of a child to own or occupy the marital residence and to use or own the household effects; 13. The debts and liabilities of the parties; 14. The need for creation, now or in the future, of a trust fund to secure reasonably foreseeable medical or educational costs for a spouse or children; 15. The extent to which a party deferred achieving their career goals; and 16. Any other factors which the court may deem relevant.
(New Jersey Statutes – Title 2 A – Chapters: 34-23)
Since New Jersey is an “Equitable Distribution” state, all marital property will be divided in an equitable fashion according to the court unless agreed to otherwise by the divorcing spouses. What does “equitable” mean? Equitable can be defined as “what is fair, not necessarily equal.” To automatically believe the marital property would be divided 50-50 would be a wrong assumption in any equitable distribution state.
New Jersey Spousal Support/Maintenance/Alimony Factors
In New Jersey the support payments (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce. Keeping this in mind, if you and your spouse are unable to reach and agreement on this issue, the Superior Court will order support from one spouse to the other on a case-by-case basis as follows:
When making a support award the court will consider the following factors:
A) The actual needs and the ability of a party to pay;
B) The length of the marriage;
C) The age and health condition of each of the parties;
D) The standard of living established while married;
E) The earning capacities of the parties, as well as the education level, job training, and skills;
F) The length of absence from the job market of the party seeking maintenance;
G) The parental role of each party;
H) The time and expense necessary to acquire sufficient education or training to become self-supporting;
I) The participation each spouse had the acquisition of marital assets;
J) the property award;
K) Any income producing assets;
L) The consequences to both parties;
M) Any other factors which the court may deem relevant.
(New Jersey Statutes – Title 2 A – Chapters: 34-23)
New Jersey Child Custody Factors
In New Jersey, the court will award a custody arrangement by considering the following:
1. The physical, emotional, religious and everyday needs of the children.
2. The wishes of the child is deemed to be of sufficient age and maturity.
(New Jersey Statutes – Title 2 A – Chapters: 34-23)
In New Jersey, as with all other states, the court will always be looking out for the best interests of the children. What you want or your spouse wants is not really relevant until the court says it is. Many parents go to custody hearings not realizing that they must portray themselves as the best custodial parent rather pleading to the court that they simply deserve the children. The court would much prefer the parents to decide who should have custody, but if they can’t, the court will do it for them.
New Jersey Child Support Factors
The court may award child support for the care, maintenance, and education of a child. The factors for consideration specified in the statute are: (1) the needs and liability of the child; (2) the standard of living and economic circumstances of both parents; (3) the financial resources, needs, and obligations of both the non-custodial and the custodial parent; (4) the earning ability of each parent, including educational background, training, employment skills, work experience, custodial responsibility for the children, cost of childcare, and the length and cost of education and training to obtain employment; (5) the need and capacity of the child for education, including higher education; (6) the age and health of the child and the parents; (7) the income, assets, and earning ability of the child; (8) the responsibility of the parents for the support of others; and (9) any other relevant factors. There are specific New Jersey Supreme Court child support guidelines contained in New Jersey Civil Practice Rules, Appendix IX.
[New Jersey Statutes Annotated; Title 2A, Chapter 34-23].
New Jersey child support is typically calculated by using a Child Support Worksheet. The worksheet will generate an appropriate New Jersey child support obligation according to each spouse’s income and other relative numeric factors such as taxes paid and retirement contributions, etc.. Once this amount is determined it is essential to take a look at any appropriate New Jersey child support deviation factors that may be applicable to the situation.
New Jersey Grandparent’s Rights
Grandparent Rights to Visitation: Visitation may be granted if at least one of the child’s parents is deceased or if the parents are divorced or living separate and apart and if the visitation is in the best interest of the child. Title 9, Chapter 2, Section 9:2-7.1 (N.J.S.A.§ 9:2-7.1).
When Adoption Occurs: All rights terminate unless the adoption is by a stepparent.
Child Custody Statutes: Best interest of the child, considering the following factors: (1) parents’ ability to agree, communicate and cooperate in matters relating to the child; (2) parents’ willingness to accept custody and facilitate visitation; (3) interaction and interrelationship between the child and parents and siblings; (4) any history of domestic violence; (5) preference of child, if of suitable age; (6) needs of child; (7) stability of home environment offered; (8) quality and continuity of education; (9) fitness of parents; (10) geographical proximity of the parties’homes; (11) extent and quality of time with the child before and after separation; (12) employment responsibilities; and (13) age and number of children. Judge must follow the parties agreement, unless he determines it is not in the child’s best interest. Where parties don’t agree, judge may require each party to submit a proposed custody plan. N.J.S.A. §§2A:34-23 & 9:2-1 et seq.
Parents May Choose: Yes
New Jersey Military Divorce Laws
A New Jersey military divorce creates several unique issues as compared to a typical civilian divorce, which is why specific state and federal laws and rules will apply.
Military Protection From New Jersey Divorce Proceedings
There are laws set up to protect active duty military members against being held in “default” from failing to respond to a divorce action. These laws were enacted to protect active military from being divorced without knowing it.
Under the Soldiers and Sailors Civil Relief Act, 50 UCS section 521 and in the discretion of the local New Jersey court, the divorce proceeding may be postponed for the entire time the active service member is on duty and for up to 60 days thereafter (This is typically the case when the active member is serving in a war). Also, this right to have the divorce proceedings postponed can be waived by any active duty member should he or she wish to get the divorce.
Serving an Active Military Spouse
The active duty spouse must be personally served with a summons and a copy of the divorce action in order for a New Jersey court to have jurisdiction over the active military member. In an uncontested case, the active duty spouse may not have to be served as long as he or she signs and files a waiver affidavit acknowledging the divorce action.
Residency and Filing Requirements
The typical military divorce filing requirements are as follows:
a) You or your spouse must reside in New Jersey
b) You or your spouse must be stationed in New Jersey
Grounds for New Jersey Military Divorce
The grounds for a military divorce in New Jersey are the same as a civilian divorce.
Dividing the Property
Along with the normal New Jersey property division laws, the federal government has enacted the Uniformed Services Former Spouses’ Protection Act (USFSPA) that governs how military retirement benefits are calculated and divided upon divorce. The USFSPA is the governing body that authorizes a direct payment of a portion of a military retirees pay to the former spouse.
The federal laws will not divide and distribute any of the military members retirement to the spouse unless they have been married 10 years or longer while the member has been active duty military.
Child Support and Spousal Support
In New Jersey, both child support and spousal support/alimony awards may not exceed 60% of a military member’s pay and allowances. The normal New Jersey child support guidelines, worksheets and schedules are used to determine the proper amount of child support to be paid.
New Jersey Child Support Guidelines
The New Jersey child support guidelines “at a glance” provides a quick reference to what applicable child support laws are considered and/or not considered when determining the appropriate New Jersey child support order.
New Jersey Child Support Guidelines
Income Share Model *: YES
Percent of Income Model *: NO
Worksheets Available: YES
Extraordinary Medical Expenses Add on: YES
Childcare Add on: YES
Secondary Education Support: YES
UIFSA: NO
* The Income Shares Model: New Jersey child support is calculated by estimating the amount of support that would have been available to the child(ren) if the family had remained intact. This estimated amount is then divided proportionally to the parents according to each parent’s income. This is easily done by using the New Jersey child support worksheet and the estimated incomes are typically substantiated by past pay stubs or w-2s.
For example: If the father has a higher income than the mother, he would then be responsible for the greater portion of the child support obligation. Conversely, if the father has a lower income than the mother, he would then be responsible for the smaller portion of the child support obligation.
As a reminder, the child support obligation can manifest itself differently between a custodial and a noncustodial parent.
For example: It is not common for a custodial parent to be paying support to a non-custodial parent.
New Jersey Child Support Definitions
In addition to this monthly amount, the Court will order the following as additional child support:
(1) Weekly unreimbursed cost of any health care, if predictable
and recurring, for the child(ren) that exceeds $250 per child per year.
(2) If approved by the court, predictable and recurring extraordinary expenses for the child(ren) that are not included in the child support awards may be added to the basic support amount.
The total of these additional expenses will be divided between the parties in proportion to the parties’ Percentage Share of Weekly Net Income.
DEFINITIONS:
1. Gross Weekly Income
For the purpose of these guidelines, gross income is all earned and unearned income that is recurring or will increase the income available to the recipient over an extended period of time.
Gross income, includes, but is not limited to, income from the following sources:
a. compensation for services, including wages, fees, tips, and commissions;
b. the operation of a business minus ordinary and necessary operating expenses;
c. gains derived from dealings in property;
d. interest and dividends (see IRS Schedule B);
e. rents (minus ordinary and necessary expenses-see IRS Schedule E);
f. bonuses and royalties;
g. alimony and separate maintenance payments received from the current or past relationships;
h. annuities or an interest in a trust;
i. life insurance and endowment contracts;
j. distributions from government and private retirement plans including Social Security, Veteran’s Administration, Railroad Retirement Board, deferred compensation, Keoughs and IRA’s;
k. personal injury awards or other civil lawsuits;
l. interest in a decedent’s estate or a trust;
m. disability grants or payments (including Social Security disability);
n. profit sharing plans;
o. worker’s compensation;
p. unemployment compensation benefits;
q. overtime, part-time and severance pay;
r. net gambling winnings;
s. the sale of investments (net capital gain) or earnings from investments;
t. income tax credits or rebates (including the federal Earned Income Credit and the N.J. homestead rebate);
u. unreported cash payments (if identifiable);
v. the value of in-kind benefits; and
w. imputed income
1. Weekly Gross Income Does Not Include
a. means-tested income (i.e., based on the fact that the recipient has minimal income and requires government assistance to live) including, but not limited to, Temporary Assistance to Needy Families (TANF), Deficit Reduction Act (DEFRA), General Assistance, Refugee Assistance, rent subsidies, food stamps, and Supplemental Security Income for the Aged, Blind or Disabled;
b. alimony, spousal support, or separate maintenance payments (the net amount after deducting the tax benefits, if known) to a current or former spouse;
c. child support received for children of another relationship;
d. non-income producing assets (e.g., undeveloped real estate, automobiles, jewelry, art, stocks and bonds) unless the court finds that the intent of the investment was to avoid the payment of child support;
e. income from children, unless the court determines that such income should be included because the child is a professional or has substantial income that reduces the family’s living expenses;
f. income from other household members (e.g., step-parents, grandparents, current spouse) who are not legally responsible for the support of the child for whom support is being established.
g. a government benefit based on a parent’s earnings record, disability, or condition that is paid to or for the child (or the child’s caretaker) for whom support is being determined (e.g., Black Lung, Veteran’s Disability, Social Security) or other non-means-tested government benefits meant to reduce the cost of the child (e.g., adoption subsidies as provided by N.J.A.C. 10:121-2);
h. for modifications involving retirement income, the pro-rated amount of contributions to a voluntary plan that were previously included in gross income when the current support order was established; and
i. financial assistance for education including loans, grants, scholarships, veteran’s education benefits, and awards provided under the National and Community Service Act of 1990 (except post-service benefits).
2. Qualified Child Care Expenses
Qualified child care expenses are those incurred to care for a dependent who is under the age of 15 or is physically or mentally handicapped. These expenses must be necessary for the employment or job search of the parent. Child care expenses should be reasonable and should not exceed the level required to provide quality care for the child(ren) from a licensed source. Only the net cost of child care (after the federal tax credit is deducted) is added to the basic award. It is assumed that the parent paying for child care will apply for and receive the federal child care tax credit at the end of the tax year.
3. Weekly Cost of Health Insurance for the child for whom support is being determined
Since the cost of health insurance for children is excluded from the child support schedules, a parent’s contributions to a health insurance policy which includes the child for whom support is being determined must be added to the basic support amount. Only the parent’s cost of adding the child to the health insurance (medical and dental) policy is added to the basic support amount (i.e., the marginal premium cost to the parent to add the child to the policy). If the parent who is providing the health insurance has no proof of the cost of adding the child to the health insurance policy, the parent’s total premium cost should be divided by the number of persons covered by the policy (per capita). The result is then multiplied by the number of children for whom support is being determined to obtain the child’s estimated share of the health insurance cost. For example, if the parent’s total health insurance cost is $60 per week and there are four persons covered by the policy (the parent, the two children who are the subjects of the support order, and a new spouse), the per capita health insurance cost for the two children is $30 (($60 – 4 persons = $15) x 2 children = $30). If both parents provide health insurance for the child, each parent’s marginal cost of adding the child to the policy should be added together to determine the total health insurance cost for the child. If the cost of the health insurance policy is unknown at the time of the support establishment hearing’ the parent may apply for a modification of the support order when such information becomes available.
4. Unreimbursed Health Care
Unreimbursed health care up to and including $250 per child per year are included in the child support schedules and are assumed to be paid by the custodial parent. Because they are part of the basic child support amount, these ordinary health care expenses are shared in proportion to the
relative incomes of the parents.
Predictable, Recurring Costs above $250 per child per year should be added to of unreimbursed health care expenses prior to adding them to the basic support amount. If both parents provide predictable, recurring unreimbursed health care for the child, the cost to each parent should be added together to determine the total unreimbursed health care costs. Each parent’s direct health care expenses for the child above the $250 per child annual threshold are credited against hisor her share of the total support award. Unpredictable, Non-Recurring Costs above $250 per child per year-Health-care expenses for a child that exceed $250 per child per year that are not predictable and recurring should be shared between the parents in proportion to their relative incomes as incurred.
5. Court-approved Predictable and Recurring Costs for the Child(ren)
If approved by the court, predictable and recurring extraordinary
proved Predictableexpenses for the child that are not included in the child support awards may be added to the basic support amount.
Examples of extraordinary expenditures are visitation transportation, special diets, and private education costs for gifted or handicapped children.
Extraordinary expenses for a child that are not predictable and recurring should be shared between the parents in proportion to their relative incomes as incurred. Since these expenses are not included in the support award, the procedure for sharing such costs should be set forth in the general language of the order or judgment.
Each parent’s direct spending on court-approved extraordinary expenses for the child are credited against his or her share of the total award.
6. Government Benefits received by the Child on behalf of either parent
If a child is receiving government benefits based on either parent’s earning record, disability, or retirement, the amount of those benefits must be deducted from the total support award (regardless of the effect of the child’s benefit payments on benefits paid to the parent). Such benefits include, but are not limited to: Social Security Retirement or Disability, Black Lung, and Veteran’s Administration benefits. Also included are non-means-tested government benefits meant to offset the cost of the child such as adoption subsidies (N.J.A.C. 10:121-2).
SSI, public assistance (TANF), and other means-tested benefits are not government benefits based on a parent’s earnings record, disability or retirement and should not be included. If the government benefit received by the child is greater than the total support award (i.e., the amount of the total support award after deducting the government benefit is zero or less), the amount of the government benefit that is being paid to or for the child represents the support award.
New Jersey Divorce Definitions
This collection of definitions will help clarify some unique characteristics to the New Jersey Divorce laws, process and paperwork which is filed with the court.
Filing Party Title:
Plaintiff
The spouse who will initiate the Divorce by filing the required paperwork with the court.
Non-Filing Party Title:
Defendant
The spouse who does not initiate the Divorce with the court.
Court Name:
Superior Court of New Jersey, Chancery Division, Family Part, __________ County
The proper name of the court in which a Divorce is filed in the state of New Jersey. Each jurisdictional court typically has a domestic relations or a family law department or division.
The state run office devoted to enforcing existing child support orders and collecting any past due child support.
Document Introduction:
In Re the Marriage of:
The lead-in verbiage used in the legal caption or header of the documents filed with the court. The introduction typically prefaces both spouse’s names.
Initial Divorce Document:
Verified Complaint for Divorce
The title and name of the legal document that will initiate the New Jersey Divorce process. The filing spouse is also required to provide the non-filing spouse a copy of this document.
Final Divorce Document:
Judgment of Divorce
The title and name of the legal document that will finalize the New Jersey Divorce process. This document will be signed by the judge, master, or referee of the court to declare your marriage officially terminated.
Clerk’s Office Name:
INSERT
The office of the clerk that will facilitate the Divorce process. This is the title you would address letters to or ask for when contacting the courthouse.
Legal Separation:
The grounds for legal separation (or a divorce from bed and board) are the same as for divorce. One of the spouses must be a resident of New Jersey for at least 1 year prior to filing for legal separation or when the cause for legal separation is adultery and took place in New Jersey, 1 of the spouses must have been a resident (no time limit). [New Jersey Statutes Annotated; Title 2A, Chapter 34-2].
Property Distribution:
Equitable Distribution
The applicable New Jersey law that will dictate how property and debt is to be divided upon Divorce.
