FAMILY LAW

While divorce may be a challenging process, we are dedicated to helping you ease through. The most common issues parties face are:

• P: Parental Responsibility
• E: Equitable Distribution
• A: Alimony
• C: Child Support
• E: Everything Else (such as attorney's fees)

The best time to enter into a parenting plan is now! Although the biological father is listed on the birth certificate, this does not establish legal responsibility and a court order adjudicating a putative father is always best. Similar to divorce, in a paternity action the parties can agree or the Court will Order a Parenting Plan and child support.

This is a purely mathematical calculation; however, first, the parents’ actual income must be determined (even if the determination is based on previous income or imputed income). In addition to income, expenses such as childcare and medical coverage for the parents and the child(ren) must be known. Finally, the over-nights each parent exercises will be required in order to make a determination of child support. 

This was formally known as custody. Today, custody is divided into two categories.

1. Parental Responsibility, which is a description of who will make decisions regarding the child(ren)’s schooling and medical procedures, or in the alternative, and usually in the best interest of the children, for the parents to discuss and make a unified decision. 
2. Time Sharing, which is a very detailed description of who picks up, who drops off the child(ren) and where the child(ren) spend their time during the entirety of their childhood. 

 There are a few types of alimony which either spouse may qualify for, specifically, Bridge-the-gap, rehabilitative, durational, permanent in nature, or any combination of these. The Court will determine if there is a need for alimony and if the paying spouse has the ability to pay alimony. Then in determining type and/or amount of alimony, the Court will consider relevant factors, such as: standard of living; duration of marriage; the financial resources of each party; employability of each spouse; contribution of each party (for example, services rendered in homemaking, child care, education and career building of each spouse); and other factors necessary to do justice.