Divorce and Custody
Can I move with my child(ren)?
Many factors come into play when making determinations as to moving out of state with a child. The rights of the child and the non-moving parent are of paramount importance to judges. Over the years there has been a trend in New Jersey and New York case law which, from a practical perspective, now makes it easier for a custodial parent to relocate out of state, however, there exist certain procedures which must be followed and extensive proofs to be presented.
A custodial parent, that is, the parent having primary residential custody of the child must have the express permission of the other parent prior to relocating out of state, in fact some judges have required such consent even when relocating within the state depending upon the distances involved.
Factors which come into play in inter-state and intra-state removal cases include: the motive of the parent seeking to relocate, the age and grade level of the child, the relationship between the child and the non-moving parent, other familial relationships and contacts, activities the child is involved in, the school systems involved and even health considerations, particularly that of the child. This list is by no means exhaustive. Each case is unique.
Under no circumstances should a parent relocate without first consulting legal counsel. Janet L. Porro, Esq. and Kristen Porro Reilly, Esq. have extensive experience in litigation and mediation of matters involving child custody issues, including inter-state and intra-state removal and relocation cases.
Will I have enough money to live?
Support is an important aspect of any matter involving a marriage, partnership or a couple who has had a child together.
Child Support Guidelines exist in New Jersey and New York which assist individuals in arriving at a support figure anticipated to cover certain costs as to the child(ren) which a couple has together. The relational status of the parents (married, unmarried, separated or dating) does not impact upon the amount of support.
Child support is calculated taking into consideration a number of factors such as the income of the parties, or in the instance of where one parent does not work, or is underemployed, what that parent is capable of earning (imputed income), the age of the child and the amount of time a parent spends with the child. The Child Support Guidelines can be deviated from depending upon certain circumstances such as a child with special needs, parents whose income exceeds the guidelines or other economic contributions made by one parent or another.
There are a number of instances under which child support may be reviewed, such as a substantial change of circumstance including an increase or decrease in one parent’s income, the emancipation of a child, or merely the passage of time.
Other aspects which are considered in calculating child support include medical insurance premiums, contributions to mandatory retirement plans, expenses such as union dues and whether other children exist from another relationship who must also be supported.
Alimony is another mechanism of support geared specifically towards a spouse so as to enable that individual to maintain a standard of living comparable to that which was enjoyed during the course of the relationship. There are limited circumstances where support will be ordered for individuals who were not married but lived together.
Issues which factor into an alimony award include the length of the relationship, whether one partner gave up a career for the relationship or to raise the parties children, the disparity in income, the age of the parties, the earning ability of the parties and medical conditions. Many people are of the belief that if the breakup of the relationship was the fault of the other party that said individual must pay alimony. Such is not necessarily the case. Fault is only one small factor that a court will consider in awarding alimony.
When addressing the issue of child support and alimony you want an experienced attorney to advocate for your position and to protect your rights. Janet L. Porro, Esq. and Kristen Porro Reilly, Esq. have extensive experience in issues of support.