Blog Archives

Modifying your child support obligation in New Jersey.

New Jersey Child Support Modification Lawyers

Modifications to child support can be made, even after a divorce is finalized. The needs of the children involved can change with time, like needs in shelter, schooling, food, and health care to name a few. Because needs can change, New Jersey child support laws permit parents to have modifications made to their child support. The parent can request this modification due to increase in need for the child or a change in income from either you or your ex-spouse. Once a need for child support modification has been established, one can file for the modification with the Superior Court. A judge will then make a decision about the modification and make the appropriate adjustments. This could include an increase or decrease in child support payments or even terminated due to the child being emancipated.

If you are looking to modify a child support order, or wish to fight against a modification of a child support order, the Law Offices of Jef Henninger, Esq., has a team of New Jersey child support modification attorneys ready to defend your rights. Speak with one of our experienced, professional Red Bank child support lawyers with our free initial consultation at 732-773-2768.

Advertisements

How to enforce your alimony award in New Jersey.

New Jersey Alimony Enforcement Attorneys

If your ex-spouse is not following the terms in your alimony agreement, then yes, your alimony can be enforced. Just like with child support enforcement, if your ex-spouse fails to make the payments to you, then the alimony agreement is eligible for enforcement. A Notice of Motion will need to be filed with the court in order to begin the enforcement of the alimony agreement. The Law Offices of Jef Henninger, Esq., represent clients throughout the state of New Jersey and will tenaciously fight for your rights to alimony. Our exceptional, knowledgeable alimony enforcement lawyers will fight for payments to be made on time from now on and for all financial loss from lack of paying alimony payments to be paid in full. Our law firm also represents clients who may be accused of not paying alimony and may be looking at seizure of assets and wage garnishments. No matter the situation, call our offices today with our free initial consultation at 732-773-2768 to go over the specifics of your unique alimony case and to see what our Middlesex County alimony lawyers can do for you.

What you can expect to encounter during the divorce.

Experienced NJ Divorce Attorneys

When you are thinking about getting a divorce in New Jersey, it is only normal to want to know what you may be stepping into. In order to help you get a grasp of what is entailed in a divorce case, this post will go through the general steps you encounter during a divorce. Please keep in mind, however, that each divorce case is unique and your divorce may not follow these steps completely. This is just a general overview of what most divorce cases go through. Be sure to reach out to an experienced New Jersey divorce attorney to discuss the details of your specific divorce case.

The first step is the complaint for divorce form being filled out and submitted. This is when either you or your spouse send a request to a New Jersey court for a judgment of divorce. In order to do this, you must submit a Confidential Litigant Information Sheet which will give the court information about your identity, the grounds for the divorce like adultery, separation, extreme cruelty, etc., and an Affidavit of Insurance Coverage form which will go over your existing insurances like auto, homeowner, and other types of insurance. Once that has been all filed, your divorce case will be given a docket number and either you or your spouse, depending on which one of you filed the Complaint For Divorce form, will receive the divorce papers.

The next step will be what is known as discovery. Discovery is where both you and your spouse will give each other the information needed in order to proceed forward with the divorce. Some of the things you may be asked to exchange are credit card statements or business records. There may even be some written questions and a case information statement that will need to be completed. This will go over the couple’s monthly budgets, liabilities and various other financial information. A deposition may also be asked during this time. A deposition is a verbal, recorded conversation that is taken under oath that can be used in court. While this is all going on, your divorce attorney should be trying to reach a settlement to help possibly keep the divorce out of court.

If a settlement is not reached by a certain date which is scheduled by the court, an early settlement panel will be arranged. You and your attorney will need to be present in front of this panel and they will go over the issues that may be preventing you from reaching a settlement. The panel will give suggestions on how to reach a settlement and if both parties are satisfied, the divorce can be granted at that very moment. However, if there are still issues not resolved, then an economic mediator will need to be selected.

If the economic mediation still does not produce a settlement, a settlement conference will be held. These intensive conferences are held all day and both you and your spouse and both your attorneys will need to return to court to do this. This is considered the last option available to help reach resolution with your divorce without it going to trial. But, if there is still no resolution or settlement made after this conference, then the divorce case will go to trial. Once in trial, the judge will hear both sides and will make the final decision and finalize your divorce.

As you can see, having an experienced, professional New Jersey divorce lawyer during this process is a good investment. At the Law Offices of Jef Henninger, Esq., our aggressive divorce lawyers walk with you through these steps, and fight to reach a settlement that meets your goals and needs. And, if the case does go to trial, we utilize our decades of divorce law experience to protect your rights. Schedule a free initial consultation with our law firm today at 732-773-2768 and see what steps are needed for your unique divorce case and what our Passaic County divorce attorneys can do to help you.

Tevis Claims in a New Jersey Divorce Complaint

Tevis Claims in new Jersey Divorce Cases

In 1979 the New Jersey Supreme Court decided the case of Janina Tevis v. Michael Tevis.   Janina Tevis divorced her husband Michael, and then sued him for physical abuse that she suffered during the marriage.  A jury believed her testimony and awarded her $35,000 for her injuries.  However, Michael appealed and the Supreme Court overturned the verdict, and took away her award. The New Jersey Supreme Court said she should have brought the action for assault and battery as part of her divorce under the Entire Controversy Doctrine.   Because she waited and filed a separate complaint against her husband after the divorce, she was denied any recovery.  As a result, we now have “Tevis Claims” in New Jersey.

A spouse may seek damages for financial or physical/personal injury or abuse sustained during the marriage (or civil union).  This Tevis claim is filed together with the divorce complaint.  Depending on the case, the court may separate the two actions into two cases for separate trials or it could keep it together.  This means that the divorce case is presented to a judge for a bench trial where the judge makes the decision on all the normal divorce issues. The civil claim for monetary or personal injury is then is tried to a jury. Though they are eventually separated for trial, the claims must be filed together initially so that they are not barred by a legal theory called “Entire Controversy Doctrine” (like what happened with Mrs. Tevis).  The Doctrine applies to many cases and it holds that all claims a person may have against another must be filed in the same complaint.

Clearly, filing a Tevis claim starts the case off on a nasty foot.  Only an experienced New Jersey Divorce Attorney can advise you if this is the right move for your case.  You will have to decide what you really want.  Do you want to end the case quick and for as little money as possible?  Or do you want an all out war that will get expensive?  While many people opt for the quick and cheap route, there are some cases where filing a Tevis claim as part of the divorce complaint may be the right move.  Keep in mind that many Tevis claims are often dropped as part of settlement negotiations.

Essex County Divorce Lawyers