Answers to Frequently Asked Questions about Family Law in New Jersey
When you are dealing with a family law issue in your family, you probably have a lot of questions about what the law says and what legal procedures will be involved. Below we provide answers to some frequently asked questions we often hear at Velazquez Law, LLC, as we help people with divorce, child custody and support, guardianships and more. If you have other questions or need immediate assistance with a New Jersey family law matter, call Velazquez Law, LLC, at 973-873-4900 for a consultation.
Family Law FAQs
What is a QDRO?
QDRO stands for Qualified Domestic Relations Order. A QDRO is sometimes necessary when the family court judge in a divorce splits up the portion of a retirement or pension plan that qualifies as marital property. The QDRO serves as an order to the plan administrator to pay out a part of the benefits to an alternate payee (in this case, the non-employee spouse) without incurring a penalty for early withdrawal.
Is child support still ordered if the court grants shared custody?
The child support model used in New Jersey combines both parents’ household incomes and the costs of raising the child to determine the proper support amount. Even if parents share custody on an equal basis, if their incomes are different, one parent might still be required to pay a monthly support amount in accordance with the New Jersey child support formula.
Can a custodial parent move out of state and take the kids?
The custodial parent would need to get permission from the non-custodial parent and/or approval from the court. If the non-custodial parent objects to the move, the custodial parent would need to petition the court. In the case of shared custody, the custodial parent would have to show that changed circumstances, such as a better job, justify the move and that the move is in the child’s best interests. If the move would require a shift from shared custody to primary custody, the moving parent would also have to demonstrate how primary custody would be in the child’s best interests.
If the custodial parent already has sole or primary custody, the parent would still have to show a good faith reason for the move and prove that moving would not be detrimental to the child. The moving parent should also include a proposed revision to the parenting plan that shows how the non-custodial parent will continue to exercise visitation and parenting time, including plans for travel and communication.
The non-custodial parent can challenge the move in court, and the judge will have to decide whether or not the relocation is in the child’s best interests based on the evidence and arguments made by the parties through their attorneys.
Can I withhold visitation until my ex pays the child support he owes?
If your co-parent is not paying child support on time or in full, you have many options to enforce the court order for support. Withholding access to the kids is not one of them. Talk to your attorney about options for child support enforcement, including having your ex held in contempt of court or getting payments withheld from his paycheck. If you violate the custody arrangement by denying visitation, you could jeopardize your custodial rights and face other adverse legal consequences.
