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Child Custody in New Jersey
In New Jersey, custody determinations made by Superior Court Judges are based on
"the best interest of the child." To determine what is in the best interest of
a child, a court may consider the following statutory factors:
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parents' ability to agree, communicate, and cooperate on matters relating to
the children;
parents' willingness to accept custody and any history of unwillingness to
allow visitation, unless such unwillingness was based on substantiated abuse;
interaction and relationship of the children with their parents and
siblings;
any history of domestic violence;
safety of the children and the safety of either parent from physical abuse
by the other;
preference of the children when they are of sufficient age and capacity to
make a decision;
needs of the children;
stability of the home environment offered;
quality and continuity of the children's education;
fitness of the parents;
geographical proximity of the parents' homes;
extent and quality of the time spent with the children prior to and
subsequent to the separation;
parents' employment responsibilities;
ages and number of the children.
In some cases, the Court may also interview the children themselves or appoint a
guardian to represent their interests.|
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Child Support in New Jersey
Child support is a court-ordered payment by one parent to the custodial parent
of a minor child, typically after divorce or separation. In New Jersey, the
amount of child support that parents are obligated to pay is based on the income
of both parents combined. Courts consider the following factors in determining
the amount and duration of child support:
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needs of the child
standard of living and economic circumstances of each parent
all sources of income and assets of each parent
earning ability of each parent
need and capacity of the child for education
age and health of each parent and child
income, assets and earning ability of the child
responsibility of the parent for court ordered support of others
reasonable debts and liabilities of each parent and child
any other factors the court deems relevant and just
New Jersey law generally requires both biological and adoptive parents to
support a child until:
The child reaches the age of majority (support may be required for a longer
period if the child has special needs or is in college)
The child goes on active military duty
The child is declared emancipated by a court
Parental rights and responsibilities are terminated
If a parent falls behind on his or her child support payments, the matter may be
addressed in an enforcement hearing where the parent will be given an
opportunity to explain why he or she has not kept up with the court-ordered
payment schedule. If that parent still does not pay, steps to enforce the order
will be taken. These may include garnishment of wages, tax refunds, or lottery
winnings. These may also seizure of assets, such as insurance proceeds, cars, or
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Child Visitation in New Jersey
Visitation or "parenting time" refers to the right of a non-custodial parent to
spend time with a child on a scheduled or regular basis. New Jersey law presumes
that a childs best interests are generally served by having strong
relationships with both parents. Thus, under New Jersey law, when one parent is
granted primary custody of a child, the other parent is generally granted
reasonable visitation unless a court determines that a parents conduct would
have a substantial adverse effect on a child.
Equitable Distribution in New Jersey
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Alimony in New Jersey
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