NEW MEXICO Part 28

Can child support automatically be withheld from my ex's paycheck?

Yes. The receiving parent can require that child support automatically be deducted from the paying parent's paycheck, without proving a history of missed payments or less-than-full payments. The automatic deduction must be routed from the paying parent's employer through the Child Support Enforcement Division, and then forwarded to the receiving parent.

NEW MEXICO Part 27

If I quit my job or take a lower-paying one, can I reduce my child support payment?

No. Voluntarily quitting a job, setting yourself up to get fired, or choosing a lower-paying job does not entitle you to reduce child support, and courts are not likely to tolerate this behavior.

If a court finds that you’ve tried to skirt your child support obligations, it may calculate your child support obligation based on what you earn and "imputed" income, which is money you could be earning based on employment history.

NEW MEXICO Part 26

Each parent has the right to ask the other parent, in writing, to exchange certain financial records once a year. These records include the previous year's tax returns (with all attachments), recent pay stubs, proof of the cost of providing insurance for the children, proof of work-related day care expenses, and more. The purpose is to enable parents to figure out what current child support should be on their own. If the bottom line reaches the 20% change threshold, then child support should be modified.

NEW MEXICO Part 25

Can a child support amount be changed?

Court’s don’t like it when parents constantly fight over the amount of child support every time one parent gets a minuscule raise. If the variables that go into calculating child support change such that there would be a change of 20% or more, up or down, in the bottom-line amount of child support, then a legal presumption arises in favor of changing child support.

NEW MEXICO Part 24

Is child support tax deductible?

No. Child support is not considered income to the receiving parent, and the paying parent cannot deduct the child support amount.

NEW MEXICO Part 23

Can I include the cost of college in child support?

The short answer is "no," with an added "it depends." Most children do not attend college until after they turn 18 -- and, once the legal obligation to pay child support ends, the court loses authority to enforce child support. But, if the parents clearly spell out their agreement to share college expenses in the custody and child support agreement, a court will enforce that agreement.

NEW MEXICO Part 22

Do parents have a legal obligation to share any other expenses for the children besides child support?

Yes. The costs for medical, dental, and vision expenses, and prescriptions not covered by insurance, are shared in some fashion, either 50-50 or what’s called pro rata, which is each parent's percentage of the combined gross income. Parents are not required, but are encouraged, to share the costs of extracurricular activities such as sports, clubs, or music lessons. If parents agree to share such costs and put that agreement into the Parenting Plan filed with the court, then the court can enforce sharing of these costs.

NEW MEXICO Part 21

What else is included in child support besides insurance and day care costs?

New Mexico has an "additional expenses" variable on its child support worksheets. The most commonly accepted additional expenses are costs associated with:

    long-distance visitation expenses (plane tickets, gasoline for driving the children to the other home, and long-distance phone calls)

    a child’s regular psychological counseling (not covered by insurance)

    orthodontia

    private school tuition when both parents agree the child should go to a private school, and

    auto insurance for teenage drivers.

NEW MEXICO Part 20

Is the cost of work-related day care included in child support?

Yes. The cost of day care incurred to enable a parent to work is included in the child support formula. "Work-related" can also include the cost of daycare for a parent to attend school or job training, if that parent can show that the courses taken are directly related to enhancing that parent's earning potential. A parent cannot include day care or babysitting expenses to attend non-work-related activities.

NEW MEXICO Part 19

Is the cost of insurance included in child support?

The cost of providing medical, dental, and vision insurance is included in the child support formula. Either parent can pay for the insurance and have it included in the formula. If both parents can provide insurance, then the court picks the best policy at the lowest cost.

NEW MEXICO Part 18

Can I get child support even if I was not married to the other parent?

Yes. Parents are required to support their children regardless of whether they were ever married to each other.

NEW MEXICO Part 17

Can I stop paying child support if my ex refuses to let me see my children?

No. The legal obligation to pay child support is not conditioned on being able to spend time with the children. The children need food and clothing regardless of the games being played between the alleged adults. If you child’s other parent won’t let you see your children, go to court to enforce the visitation order, but don’t stop paying child support.

NEW MEXICO Part 16

When does child support end?

Child support ends when the child is legally emancipated, either by court order or when the child reaches age 18 (or up to age 19 and until graduation from high school, whichever occurs first). Child support also ends if the child joins the military, dies, or gets married. If the child has a disability that makes it impossible to become self-sufficient, then child support can continue indefinitely.

NEW MEXICO Part 15

If we have joint custody, does either parent owe child support?

Yes. Joint custody can mean either joint legal custody, which refers to decision-making powers, or joint physical custody (also called timeshare and parenting time), which refers to the time children spend in each parent's care. Because child support is based on income and parenting time, one parent usually owes child support to the other. The only time child support could be zero, is where both parents earn exactly the same gross income, pay equal amounts for insurance and work-related daycare, and have the children the exact same number of days per year.

NEW MEXICO Part 14

Do we have to follow the child support guidelines?

Yes, in most cases. The right to receive the legal amount of support belongs to the child, not to the receiving parent. If the parents agree on a child support amount that's lower than what the child support guidelines provide, they must have a very good reason. The child support amount must be approved by a judge, who will review the reason(s) and determine whether it is in the child's best interest to allow a lower amount. (Judges have no reason to object to a higher amount.) For example, the cost of living in Santa Fe is high, and the court may grant a "hardship" deviation from the guideline amount.

NEW MEXICO Part 13

You can also try calculating your child support amount by using the www.AllLaw.com New Mexico Child Support Calculator here.

Calculating support can be complicated, and the guidelines difficult to follow.  If you have questions about calculating support, you should contact an experienced family law attorney for help.

NEW MEXICO Part 12

Use Worksheet B if the children spend between 35% and 50% of the calendar year with the non-primary custodial parent. In that system of shared responsibility, the parents essentially maintain two households for the children and share responsibility for all aspects of the cost of raising the children -- buying clothing and shoes, haircuts, school expenses, extracurricular or sports activities, prom dresses, camps, and so on.

NEW MEXICO Part 11

The Child Support Enforcement Division of the New Mexico Human Services Department provides a copy of the child support guidelines and the related “Worksheets” that you must use to calculate support. You can access these by clicking here.

How much money one parent pays to the other depends on whether you use a Worksheet "A" or "B." Choosing the worksheet depends on how much time the children spend with each parent. Most families fall into the Worksheet A group, which means the children primarily live with one parent (the “primary custodial parent”) and spend alternating weekends, alternating holidays, and some vacation time with the other parent (“non-primary custodial parent”).

NEW MEXICO Part 10

3.  What do we need to do to get child support?

How is child support calculated in New Mexico?

In New Mexico, child support is determined using child support guidelines, which are established by the legislature and revised periodically. The support amount is calculated using a set formula, and not just a number the child’s parents think is "fair.” Generally, child support is based on both parents' gross income (meaning before-tax earnings).

NEW MEXICO Part 9

Modification of Child Custody in New Mexico

A parent seeking the modification of a current custody order should be prepared to present proof of a material and substantial change of circumstances. In addition, a New Mexico court will expect a parent to prove that the material and substantial change of circumstances adversely affect the best interests of the child.

NEW MEXICO Part 8

Joint Custody in New Mexico

A court in New Mexico assumes that joint custody is in the best interests of the child. In reaching a determination for best interests of the child, a court will consider the following factors:

    Whether the child has a close relationship with his/her parents

    Whether each parent may adequately provide for the child's needs, including relinquishing the child to the other parent for appropriate times

    The geographic distance between the parents

    The parents' ability to communicate on decisions that affect the rearing of the child

    Whether each parent is willing to foster and encourage a continuous relationship between the child and the child's other parent

    Whether either parent was found to have committed an act of domestic violence against a child, a parent or another household member

NEW MEXICO Part 7

Best Interests of Child

Child custody in New Mexico is determined based on the best interests of the child. Factors included in a best interests of the child determination are:

    The parents' wishes

    The child's wishes, if the child is age 14 or older

    The child's relationship with his/her parents, siblings and extended family members

    The mental and physical health of all involved parties

    The child's adjustment to home, school and community

NEW MEXICO Part 6

2. What do we need to do to get custody?

Child Custody in New Mexico

The state of New Mexico uses several criteria to determine child custody. Primarily, the court determines child custody based on the best interests of the child. Parents who wish to file for child custody in New Mexico should first become familiar with the custody statutes in this state.

NEW MEXICO Part 5

The service begins a 30 day waiting period (23 days if service is by mail) to allow for any type of reconciliation and a general cooling off of both parties. Once the necessary forms are filed after service, the Petitioner must file a form to request a hearing. The hearing is usually brief, with the judge asking a few questions and then signing the Petitioner’s already prepared divorce decree.

NEW MEXICO Part 4

Service varies on a case by case basis: if the couple is in agreement and the divorce is uncontested from the start, then the Petitioner can serve the Respondent personally. If this action occurs, then the appropriate Appearance and Consent form (form DNM-350) must be filed and signed by the Respondent. If service occurs by mail, then a Summons and Notice of Summons (forms DNM-400 and DNM-450, respectively) must be filed. Finally if service is done through the sheriff or a process server, then the Petitioner must also include form a Summons (DNM-400) and a Return Form (DNM-500).

NEW MEXICO Part 3

Fill Out your Forms

In order to begin the divorce process, one spouse (the Petitioner) must file a Petition for Dissolution of Marriage with children (or without children). The Petitioner must file the dissolution petition in either their own or the Respondent’s county district court. Once the petition and all other necessary forms are filed, it is the Petitioner’s responsibility to ensure that the Respondent is then served with the petition and any other necessary papers.

NEW MEXICO Part 2

Residency Requirements

The divorcing couple must fulfill the residency requirements before filing. At least one of the spouses involved in the case must have resided in the state for at least 6 months before filing for divorce. If one of the spouses is stationed in the military in New Mexico, he or she is also considered a resident of the state.

NEW MEXICO Part 1

NEW MEXICO

            1. What do we need to get a divorce?

How to File for No-Fault Divorce in New Mexico

New Mexico offers both fault and no-fault divorces. In order to receive a no-fault divorce, the filing spouse must state their grounds for filing as incompatibility.

NEW JERSEY Part 50

    How long has the DVRO has been in place?

    

    Does the plaintiff consent to lifting the restraining order?

    

    Does the plaintiff fear the defendant?

    

    What is the nature of the relationship between the parties at the time removal of the order is sought?

    

    Has the defendant been convicted of contempt for violating the order and, if so, when? and how many times?

    

    Does the defendant have a continuing involvement with drug abuse?

    

    Does the defendant have a continuing involvement with alcohol abuse?

    

    Has the defendant been involved in violent acts with other persons?

    

    Has the defendant had counseling?

    

    What is the age and health of the defendant?

    

    Is the plaintiff acting in good faith if opposing the defendant's request?

    

    Has any other jurisdiction entered a restraining order protecting the plaintiff from the defendant?

    

    What hardship, if any, would continuation of the restraining order impose upon the defendant?

    

    Any other factors the court deems relevant.

NEW JERSEY Part 49

Removing a restraining order begins by filing a motion with the court. The motion must comply with all requirements established by statute, court rules, and special standards relating to disposition of domestic violence matters. The law requires that courts carefully examine all relevant circumstances. Success in vacating a restraining order requires a thorough and persuasive factual presentation supporting termination. In such an application the court will consider numerous factors. These factors include:NJ domestic violence and domestic violence restraining order

NEW JERSEY Part 48

The mere existence of a restraining order creates other problems for a defendant. It poses a threat to their employment should a current or future potential employer discover it. In addition, the order is recorded in databases kept by government agencies. As a result, a defendant may suffer the embarrassment of being detained and questioned about the order at customs when entering or leaving the country. As indicated above, it affects the ability of a defendant to legally obtain or possess firearms. Obtaining or possessing firearms while the order remains in effect is a New Jersey crime. It is a federal crime as well. For these reasons, going to court to vacate a restraining order as soon as possible is more than prudent. It is important to a defendant's financial security and peace of mind.

NEW JERSEY Part 47

Removing a New Jersey Domestic Violence Restraining Order

In New Jersey, domestic violence final restraining orders remains in place forever, unless the Order is lifted (“vacated”) by a subsequent court order. A plaintiff alone may not free the defendant of his or her obligation to comply with the order. Passage of time, even many years, does not undo the order. Many times a plaintiff invites the defendant to resume their former relationship and ignore the order. Such invitations are often made in good faith. Sometimes, however, it is just a trap. Regardless, it is very dangerous. Unless the court has vacated the order, a defendant still risks arrest and criminal charges for violating the order. And even when the plaintiff extends that invitation in good faith, a later argument, or souring of the relationship, or even a complaint by a meddlesome mother-in-law, or new boyfriend / girlfriend gives the plaintiff, plaintiff's family members, and others a huge sledgehammer to use against the defendant.

NEW JERSEY Part 46

Violating the New Jersey Domestic Violence Restraining Order

A person found by a police officer to have violated the terms of a Domestic Violence Restraining Order must be arrested. That person will remain in custody until a judge sets bail, and the bail is posted. Depending upon the circumstances, persons violating a restraining order may also be subject to criminal prosecution. That prosecution can be for a felony (in New Jersey terminology, a “fourth degree crime”). Upon conviction, the defendant is exposed to a fine of $10,000.00 and up to 18 months in prison. Violating the restraining order in some cases is treated as a disorderly persons offense. In that situation, the defendant is exposed to a fine of $1,000.00, and up to six months in jail. Persons convicted of a second or subsequent disorderly persons violation of a restraining order must serve at least thirty days in jail. Also, a court considering whether to lift a restraining order will regard a violation as cause to deny a defendant's request.

NEW JERSEY Part 45

The court may order the defendant to undergo a psychiatric evaluation. It may also require the defendant to have domestic violence counseling. This counseling would be at the defendant's own expense. A judge issuing an NJ FRO may require the defendant to compensate the plaintiff for any financial losses suffered. The judge may also impose a civil penalty on the defendant. This civil penalty can be up to $500.00. And the court will require payment of a $100.00 surcharge.

NEW JERSEY Part 44

Person subject to a Domestic Violence Restraining Order are barred from purchasing or possessing firearms, or obtaining a firearms purchasers' permit. A judge issuing a restraining order may authorize a search for and seizure of firearms the defendant may have. The State may later seek the permanent forfeiture of any firearms seized, and revocation of any firearms purchasers' permit issued to the defendant.

NEW JERSEY Part 43

If the parties have minor children together, the Order may grant the plaintiff temporary custody of the children. The Order may entirely eliminate or severely restrict the duration and circumstances of the defendant's contact with his or her own children.

NEW JERSEY Part 42

NJ domestic violence restraining order lift vacate violateA restraining order may grant the plaintiff exclusive possession of any residence that the parties shared. At the same time, it can require the defendant to continue making rent or mortgage payments on the property. What this means is that if the parties had been living together, the defendant must leave the home and make arrangements to live elsewhere. This requires that the defendant pay for the new location as well as continue to pay costs for the original residence.

NEW JERSEY Part 41

The Order bars contact with the plaintiff in public places such as a mall, restaurant or movie theater. If the defendant and the plaintiff accidentally happen to be at the same location, the defendant must do whatever is necessary to avoid contact with the plaintiff. This could require the defendant to leave the area to avoid being charged with violating the order. A restraining order may also bar such contact with persons associated with the plaintiff. These other persons can include the plaintiff's family members, friends, or other persons in the household.

NEW JERSEY Part 40

Restrictions Imposed by the New Jersey Domestic Violence Restraining Order

A Domestic Violence Restraining Order seriously disrupts the life of the person controlled by it. The Order imposes obligations on the defendant that are inconvenient and highly intrusive. We discuss some of these restrictions below.

The New Jersey Domestic Violence Restraining order (DVRO) almost always bars all contact with the plaintiff. This bar applies at his or her home, place of employment, school, or at any other specified place the plaintiff frequents. The order bars direct, face-to-face contact. In addition, the Order bars contact through others. Thus the order specifies that the defendant cannot contact the plaintiff by notes, letters, phone calls, emails, text messages, or even contact through third parties.

NEW JERSEY Part 39

    In most cases, it is easier to convince the judge not to issue the NJ FRO in the first place than it is to persuade the judge to lift the NJ FRO after it has been issued. After the judge has made her ruling, she will seldom second-guess her own ruling. And, on appeal, the appellate judges are normally required to defer to the findings of the original trial judge.

NEW JERSEY Part 38

    The NJ FRO may impose far greater restrictions on the defendant than those in the TRO;

    

    The NJ FRO remains in effect indefinitely, or until it is dismissed by a later court order. This is true even if the person who obtained the NJ FRO in the first place later ignores it and resumes a relationship with the defendant. In that situation, the defendant still remains bound by the order and subject to serious penalties for violating it, including jail. This risk exists regardless of the plaintiff's behavior;

NEW JERSEY Part 37

The Final Restraining Order in New Jersey

Finally, after a TRO is served on a defendant, he or she is given the opportunity to appear at a hearing. At that hearing, the court will consider the plaintiff's request for a Final Restraining Order (FRO). Defendants receiving a TRO must act with no delay because that hearing is scheduled quickly. “Quickly,” here, means usually within ten days after issuance of the TRO. Thus there arises an urgent need to obtain a skilled New Jersey domestic violence lawyer, and give that lawyer as much time as possible to prepare for the hearing. This preparation is crucial, for at least three reasons.

NEW JERSEY Part 36

When the TRO is served on a defendant, he or she is legally required to comply with its provisions immediately. They must obey the order even if they had no opportunity to dispute the plaintiff's claims in court. And as we explain below, the TRO may require that the defendant, among other things, immediately vacate his or her home, and cease all contact with his or her children.

NEW JERSEY Part 35

The Temporary Restraining Order in New Jersey

A domestic violence case starts in New Jersey when a plaintiff seeks a Temporary Restraining Order (TRO) from the court. If the court finds that good cause exists, it may issue the TRO. This TRO can be based on a plaintiff's allegations alone. And this can all be with no prior notice to the defendant. The court then arranges for a court officer, a sheriff's officer, or a local police officer to serve a copy of the TRO upon the defendant.

NEW JERSEY Part 34

NJ domestic violence DVRO judge TRO FROWhen criminal charges are filed, weeks or months may pass before those charges are finally resolved. As explained below, however, a restraining order is immediate. This restraining order will dramatically impact the defendant's family and personal life. And while the related criminal charge may do the same, its full impact will seldom be immediate. Unlike Domestic Violence Restraining Orders, criminal charges also threaten a jail or prison term. If there is matrimonial litigation between the parties, both criminal charges and a restraining order will significantly handicap a defendant in those proceedings, especially with regard to child custody matters.

NEW JERSEY Part 33

Criminal charges require proof beyond a reasonable doubt. Domestic Violence Restraining Orders do not. Persons seeking a DVRO only need prove their case by what the legal system calls a “preponderance of the evidence.” That is just a fancy phrase that means that the allegations are more likely true than not. The person who makes that determination is a single judge. If that single judge has doubts whether the plaintiff is telling the truth, the judge will often resolve those doubts in the plaintiff's favor. This is because many judges live in fear that if they refuse to grant the Order, the defendant may do something violent against the plaintiff, resulting in unfavorable publicity for the judge in newspapers, on television, and on You Tube. For all those reasons, it is much easier for a plaintiff to get a restraining order than it is for the State to prove the alleged criminal charge upon which the restraining order is based.

NEW JERSEY Part 32

Relationship Between Domestic Violence Restraining Orders and Criminal Charges

Criminal charges are often filed against the defendant at the same time that a restraining order is sought. The domestic violence and criminal complaints both arise from the same incident. However, the courts treat them as separate proceedings. They proceed on separate paths, and in front of different judges. It is much easier to make a case for one, as opposed to the other. And the potential consequences for each are very different.

NEW JERSEY Part 31

And the alleged Act of Domestic Violence required for the second condition can be any of the following:

    Assault;

    

    Harassment;

    

    A terroristic threat (or threats);

    

    Criminal restraint;

    

    Criminal mischief;

    

    Stalking;

    

    More serious criminal offenses.

NEW JERSEY Part 30

Concerning the first condition, a number of situations may give rise to this protected relationship. These situations include the following:

    The parties are married;

    

    The parties were married;

    

    The parties had a dating relationship;

    

    The parties were members of the same household;

    

    The parties have one or more children together.

NEW JERSEY Part 29

A Domestic Violence Restraining Order (“DVRO”) is a restraining order that is issued in specific circumstances. In particular, New Jersey Domestic Violence Restraining Orders are issued when a complaining person (the “plaintiff”) satisfies a court that two conditions exist.protected relationship NJ domestic violence lawyer attorney TRO FRO The first condition is that he or she had a “protected relationship” with another individual (the “defendant”). The second condition is that the plaintiff is in need of protection from the defendant because the defendant recently committed an “Act of Domestic Violence” directed at the plaintiff.

NEW JERSEY Part 28

5. What do we need to do to get TRO?

What Is a Domestic Violence Restraining Order?

We begin by discussing what a restraining order is, generally. We can then move on to Domestic Violence Restraining Orders in particular.

A restraining order is a kind of court order issued by a judge. The restraining order almost always prohibits a person from engaging in particular behavior, or particular activities. Sometimes the order will additionallyrequire that the person perform some action. The restraining order issued initially is called a “Temporary Restraining Order” (TRO). If made permanant, these TRO's then become ”Final Restraining Orders” (FRO's).

NEW JERSEY Part 27

Tax Implications of Alimony

Any payments of alimony are tax deductible to the paying spouse and reportable as income by the receiving spouse.

Attorneys’ Fees

If a spouse can show financial need, the court may order the other spouse to pay for attorneys' fees.

New Jersey Statutes

2A:34-25: Termination of Alimony

2A:34-23: Alimony, maintenance

NEW JERSEY Part 26

If the recipient spouse remarries or enters into a New Jersey civil union, the other spouse must be informed and alimony payments can be stopped. (However, the supporting spouse must pay any arrearages (late payments) that have accumulated.) Remarriage only terminates limited duration and permanent alimony. Rehabilitative and reimbursement alimony will continue even if the dependent spouse remarries or enters into a civil union, unless the judge orders otherwise. The death of either spouse will terminate all forms of alimony.

NEW JERSEY Part 25

Alimony Modification and Termination

A judge may modify limited duration alimony and rehabilitative alimony orders if there is a change in circumstances. If the court made an order based on an event that it assumed would occur, but the event did not occur, then it may modify the order—for example, if the supported spouse was not able to be rehabilitated within the expected time, or was not able to find a job to become self-supporting, the court can change the initial order.

NEW JERSEY Part 24

Alimony Awards - Factors

When determining the amount and duration of an award for alimony, the judge will look at several different factors, including:

    the requesting spouse’s actual needs and the other spouse’s ability to pay

    the duration of the marriage

    each spouse’s age and physical and emotional health

    each spouse's income, earning capacity, education level, and employability

    the standard of living during marriage

    parental responsibilities

    the time and expense necessary to obtain education or training for the dependent spouse to become self-supporting, and

    each spouse’s financial or non-financial contributions to the marriage.

There are no specific alimony calculators or guidelines for support in New Jersey; the court will make a decision based on the factors listed above.

NEW JERSEY Part 23

    Reimbursement alimony compensates a spouse who supported the other spouse through advanced education, and who expected to enjoy the fruits of that labor, but was not able to because of the divorce or legal separation.

The court may award any combination of these orders. This means that if the court makes an order for rehabilitative spousal support, it can also order reimbursement alimony, as well as limited duration alimony.

NEW JERSEY Part 22

Types of Alimony

New Jersey recognizes five types of alimony: temporary alimony, limited duration alimony, permanent alimony, rehabilitative alimony, and reimbursement alimony.

    Temporary alimony (alimony pendente lite) is awarded to low-earning or unemployed spouses to help cover living expenses during divorce proceedings.

    A judge may award you limited duration alimony, based on financial need, for as long as it takes you to become self-supporting.

    You may be entitled to permanent alimony after a long marriage if you gave up career or education opportunities in order to care for your family, or to further your spouse’s education or career. If you ask for permanent alimony, the court will examine the factors listed below to determine if you qualify, and then will determine if any of the other support orders are appropriate in addition to the permanent order.

    For rehabilitative alimony, the requesting spouse must submit to the court the steps to be taken for rehabilitation, the time frame, and a period of employment to occur during the rehabilitation period. Rehabilitative alimony is intended to help you get back on your feet and provide training and education so that you can be self-supporting.

NEW JERSEY Part 21

4. What do we need to do to get alimony?

During and after divorce, one spouse may need financial support from the other—this type of financial support is known as alimony. This support allows for the supported spouse to maintain a lifestyle as close as possible to what the couple had during their marriage, at least until that spouse is able to become self-supporting.

NEW JERSEY Part 20

Specific information such as Social Security numbers cannot be released due to State and Federal regulations on confidentiality. Materials that are public record or general information, such as the services Probation offers or how to solve a problem, can be provided by the Customer Service Bureau representative.

Because certain information is confidential, child support staff are prevented from giving specific information to non-involved third parties such as a current spouse, family member or friend. Referrals received from your attorney or an elected official are processed the same as those we receive directly from you. While child support workers may provide case information to an attorney, they are prevented from giving case details to an elected representative. Therefore, a response will be sent to you with an acknowledgment letter to the officeholder that the matter is settled.

NEW JERSEY Part 19

You will be notified when your letter is received. If necessary, AOC staff will forward all documentation received to the appropriate office(s). Because each child support issue is different, the response times will vary from case to case. The goal, however, is to resolve all matters as quickly and efficiently as possible.

In some instances, you may need to be directed to an agency other than the AOC for a resolution. The Customer Service Bureau will then let you know what the right office or location is.

NEW JERSEY Part 18

The State's Customer Service Bureau in Trenton may be contacted for additional help or to receive answers to other concerns about the quality of service you have received. For cases in which both parents reside in New Jersey, you should call 1-877-655-4371 or write to the AOC, Child Support Enforcement, PO Box 987, Trenton, NJ 08625.

For cases involving other states, the number to call is 1-877-655-4371 and the address is the same as above, however, the PO Box number is 960.

When you write to the Customer Service Bureau, please send copies, not originals, because the materials will not be returned. Items may be sent by fax at (609) 984-3630.

NEW JERSEY Part 17

The following information should be included in your letter:

    Name, address and daytime phone number

    Case number

    A description of the nature of the complaint, issue or question to be answered

    The name or names of the individuals who are the subject of the complaint (if applicable)

    Any other information such as dates of prior communication or documentation that may assist probation staff

NEW JERSEY Part 16

New Jersey Child Support Customer Service

The Administrative Office of the Courts (AOC) has established a Customer Service Bureau to ensure that Child Support customers receive timely responses to questions and complaints. The first step for you to get help is to call the toll free "Hotline" number.

If you need information beyond that provided by the Hotline, you should contact your probation worker. If more help is needed, you should call the Customer Service Bureau representative in the Probation Division handling your case. Probation Child Support staff will assist you with your requests.

All complaints or inquiries must be submitted in writing to your local probation Customer Service Bureau. Your letter will help explain your problem, give you, the customer, a written record, and make it easier for the staff to follow developments on your case.

NEW JERSEY Part 15

Child Support Hotline

Our toll free Hotline number is 1-877-NJKiDS-1 (1-877-655-4371). If calling from out of state, dial 1-877-655-4371. This number is available 24 hours a day and has information concerning payments, services available, tax offset, visitation, emancipation, custody, credit bureau reporting, and how to apply for child support.

    New Jersey Child Support Customer Service

    Customer Service Offices

    Direct Deposit

    Guide to Applying for Child Support and Application

    Guide to Court Enforcement of Child Support

    Military Service Activation

NEW JERSEY Part 14

Custodial parents who are starting or changing direct deposit or starting a New Jersey Debit Card account should allow approximately ten days for payments to reach the account.

Child Support Enforcement

Important Notice to Child Support Customers

NJKiDS has been fully implemented as the new statewide child support computer system. Please visit the New Jersey Child Support website at www.njchildsupport.org to view important information and updates.

NEW JERSEY Part 13

Custodial parents who do not already use or apply to use direct deposit will receive a NJ Debit Card. Your support payments are posted to your NJ Debit Card account. You do not need to have a bank account. You can use the card to get cash at banks and ATMs, make purchases or get cash back, and to check your balance. Each month you will get one free cash withdrawal per deposit. The NJ Debit Card offers a 24-hour customer service line at 1-866-461-4094; or you can visit their website at www.eppicard.com.

NEW JERSEY Part 12

3.  What do we need to do to get child support?

Receiving Child Support

The New Jersey Child Support Program offers two options for receiving support payments – direct deposit or the New Jersey Debit MasterCard® (NJ Debit Card) – that make receiving support payments faster, easier and safer.

Direct deposit means that support payments are deposited directly into the custodial parent's bank account (either checking or savings). To be eligible for direct deposit, you must receive your payments directly from the New Jersey Child Support Program. To sign up, you must complete an authorization form, which is available at your local child support office or can be downloaded by clicking here.

NEW JERSEY Part 11

Alternative Child Custody in New Jersey

Family courts in New Jersey can order a custody arrangement agreed upon by both parents, unless the custody arrangement does not serve the child's best interests. If parents in New Jersey are unable to agree on a child custody arrangement, a family court in New Jersey can require parents to submit a custody plan for the court's consideration in awarding custody.

NEW JERSEY Part 10

Determining Child Custody in New Jersey

Family courts in New Jersey will consider the following factors when making a custody determination:

    Relationship of the child with his/her parents and siblings

    Each parent's ability to communicate with each other and work together

    Each parent's willingness to accept custody arrangements

    History of a parent's unwillingness to cooperate with a custody plan

    Fitness of each parent

    Geographical proximity of the parents' homes

    Age and number of children

    Child's preference, when the child is of a sufficient age and intelligence to make a decision (over age 12)

    History of domestic violence

    Stability of the home environment

    Needs of the child

NEW JERSEY Part 9

A joint custody arrangement in New Jersey may include:

    Child lives solely with one parent or alternates with each parent, depending on the needs of the parents and child

    Parents will work with one another in making major decisions for a child with regards to medical and educational decisions

or

    Sole custody to one parent with appropriate time to a non-custodial parent

    Any other custody arrangement, the court finds to be in the child's best interests

NEW JERSEY Part 8

Joint Custody in New Jersey

New Jersey family courts encourage both parents to be actively involved in a child's life after separation or divorce, and the court encourages a shared, joint custody arrangement wherever possible. The courts interpret joint custody to be in the best interests of the child.

NEW JERSEY Part 7

2. What do we need to do to get custody?

Child Custody in New Jersey

Familiarize Yourself with New Jersey Child Custody Laws

Family courts in New Jersey consider several factors when determining child custody. Parents who wish to file for child custody in New Jersey should first become familiar with the custody statutes in this state.

NEW JERSEY Part 6

Bring your Completed Forms to your Court Clerk’s Office and Pay the Fee

You'll also want to make sure you have enclosed a check for the filing fee and, if you and your spouse have children, the fee for the Parents’ Education Program. Do not enclose the check if you are asking for a filing fee waiver. Prepare and enclose a self-addressed, stamped envelope so the court can return your filed copies to you. Once your documents have been filed, you will receive a docket number, which you should write on all of your photocopies. It is also a good idea to make three copies of each filed document, as you may need them later.

If your spouse lives in another state or country, make sure to consult a lawyer before filing.

NEW JERSEY Part 5

Make Copies of your Forms

Once you have filled out the appropriate forms, make at least five copies of each. The original set and two copies will be sent to the court, and two should be kept for your records and for later use. Make sure all the blanks of your complaint and other documents have been completed and filled in, and each document has been signed and dated.

NEW JERSEY Part 4

If both parties are in agreement with the terms of the divorce they can proceed with completing a Divorce Settlement Agreement using Rocket Lawyer’s easy interview process. This document clarifies the terms of the agreement prior to proceeding with starting the action.

NEW JERSEY Part 3

Fill out your forms

When filing for a no-fault divorce in the Chancery Division, Family Part, you’ll need to complete various forms.  Everyone should complete the Petition-Marriage Form and the Summons Form, and couples with children must complete several additional forms. All the necessary forms can be obtained by contacting your local County Clerk or Legal Services of New Jersey (LSNJ). LSNJ's book "Divorce In New Jersey: A Self-Help Guide" contains instructions and forms designed for self-represented litigants. Call the LSNJ hotline at (888) 576-5529  to find out if you qualify for free legal help. If you're located outside of New Jersey, call 732-572-9100 and ask to be transferred to the hotline.

NEW JERSEY Part 2

Residency Requirements

Either the petitioner (the spouse who is filing for divorce) or respondent (the other spouse) must have lived in the state of New Jersey for at least 12 consecutive months before filing for divorce. The spouses must have experienced irreconcilable differences for at least 6 months, or have lived apart for a minimum of 18 consecutive months, without foreseeable reconciliation.

NEW JERSEY Part 1

NEW JERSEY

            1. What do we need to get a divorce?

How to File for No-Fault Divorce in New Jersey

In the state of New Jersey, you can file for divorce on several grounds: adultery, extreme cruelty, desertion, and no-fault. No-fault divorce means the court will not assign fault to either party for the divorce. As of 2007, New Jersey uses irreconcilable differences (the two parties no longer get along), in addition to separation for at least 18 consecutive months, to settle no-fault divorces, which can lead to a smoother divorce. But, this also means that even if you claim that your spouse has engaged in adultery or cruelty, it will not affect the outcome of your divorce, nor will it help your chances in getting more alimony, child support, or equitable distribution.

NEW HAMPSHIRE Part 27

Overview of Civil vs. Criminal Law

    Some restraining orders are issued in criminal court and some are issued in civil court.

    Protective Orders (due to domestic violence)

    A civil order that provides protection from abuse by a current or former intimate partner, family or household member.

    Stalking Protective Orders

    If you do not qualify for a domestic violence protective order, you may be able to get an order to prevent stalking.

    Moving with a Protective Order

    Your NH protective order can be enforceable wherever you move.

    Enforcing your Out-Of-State Order in NH

    If you are planning to move to NH or are going to be in NH for any reason, your protection or restraining order can be enforced.

NEW HAMPSHIRE Part 26

           5. What do we need to do to get TRO?

A restraining order or protective order is a legal order issued by a state court which requires one person to stop harming another.  In New Hampshire, there are protective orders due to domestic violence and protective orders due to stalking, which are explained below.

NEW HAMPSHIRE Part 25

The Takeaway

The guidance provided in this case should assist a trial court in determining whether a coupld is cohabitating, even though the facts and circumstances in each particular case. Perhaps the old adage “if it walks like a duck, and quacks like a duck” is most appropriate.

NEW HAMPSHIRE Part 24

The Holding

The Supreme Court defines cohabitation as “a relationship between persons resembling that of a marriage.” Whether two people are cohabitating will depend on the facts and circumstances of each particular case. The Supreme Court offered guidance on factors to be considered:

    Whether the couple is living together continually

    What the financial arrangements between the couple are and to the extent that they are entangled, including whether there are shared expenses, to what extent one supports the other, whether there are shared investments or retirement planning, if the couple have joint bank accounts, and whether there are life insurance policies naming the other.

    The extent of the personal relationship, including the intimacy of the connection, shared vacations, shared friends and social connections, and a sexual relationship (although not necessarily dispositive)

    Whether the couple share and enjoy each other’s personal property, such as household furnishings, appliances, vehicles, and personal items, such as toiletries or clothing

    The age of the couple may be an important consideration, which may give more or less weight to the support of one by the other and estate planning providing for children of prior relationships

    Whether friends, family or the community view the couple was engaging in a personal intimate relationship

NEW HAMPSHIRE Part 23

The Appeal

The Husband appealed the trial court’s order, initially arguing that the trial court erred in concluding that the Wife was not cohabitating. However, at oral argument the Husband abandoned that argument, and instead argued that the trial court did not a have a workable definition of cohabitation and urged the court to adopt a standard.

NEW HAMPSHIRE Part 22

The Facts

Husband and Wife divorce after forty-two years of marriage in 2005. The divorce decree divides the property and requires the Husband to pay $25,000 per year for ten years. However, the decree provided that alimony would stop if the Wife cohabitated with “an unrelated adult male.”

In 2010, the Wife moved from her home, and rented it to reduce her expenses. She moved into the upper level of a single family home that was owned by a man she met through an online dating service. The man lived on the lower floor, and they had shared space on the middle floor of the home. The Wife did not pay rent, but she did pay $300 per month for food and often cooked for him.

The Husband stopped paying alimony when he learned of the move, and Wife sought enforcement of the alimony obligation. The trial court ruled that the Wife was not cohabitating under the terms of the decree and enforced the alimony obligation.

NEW HAMPSHIRE Part 21

Unbundled services can be customized to fit your needs, and can include

    Representation at a specific hearing, such as a temporary hearing

    Draft proposed orders or pleadings

    Attending mediation

    Assisting with discovery preparations

    Consulting during your case to provide assistance and advice 

Payment arrangements for unbundled services can be tailored to the specific service. For example, paying a small retainer for ongoing advice, or paying for an hour at the end of a meeting to prepare documents.

Lawyers providing unbundled services will ask the client to sign a consent form that clearly spells out what services are, and are not, going to be provided, in addition to a fee agreement.

NEW HAMPSHIRE Part 20

Unbundled legal services, also known as limited scope representation, allow you to hire a lawyer to do certain parts of your case, instead of the traditional soup to nuts representation. Some clients choose unbundled services because they cannot afford full representation, and some advice is better than no advice. Other clients feel capable of handling certain parts of the case, but need assistance with other portions.

NEW HAMPSHIRE Part 19

4. What do we need to do to get alimony?

Things to know about alimony:

    Alimony is gender neutral. Men and women can receive alimony.

    The court has broad discretion when awarding alimony, and there is no formula in New Hampshire for either an amount or a term.

    Alimony cannot be waived in a divorce stipulation. The law provides either spouse with the right to petition for alimony within 5 years of the date of the divorce decree, or if alimony has been ordered for a definite time period, within 5 years from the date of the last payment.

    Alimony is tax deductible to the payor, and is taxable income to the recipient.

    The primary purpose of alimony is rehabilitative, meaning the support is intended to allow the recipient time to become self-supporting. However, the court has the authority to order alimony for an indefinite period of time where appropriate.

    Agreements that contain a provision for the payment of alimony often include language about the terminating alimony upon the recipient’s remarriage or cohabitation with a romantic partner.

NEW HAMPSHIRE Part 18

Become familiar with New Hampshire’s child support guidelines.

    In order to apply for child support services in New Hampshire, you must request an application through your nearest Department of Health and Human Services district office.

    When filing for child support, provide a much detailed, accurate information as you can.

    Parents receiving child support in New Hampshire can opt to receive child support via direct deposit or electronic debit cards.

NEW HAMPSHIRE Part 17

How Can I File for New Hampshire Child Support?

In New Hampshire, you can apply for child support right from the Department of Child Support Services web site. The following steps will help you establish a child support order in New Hampshire:

NEW HAMPSHIRE Part 16

Visit the New Hampshire's Division of Child Support Services web site

    Contact the Division of Child Support Services to locate your local office of child support services

NEW HAMPSHIRE Part 15

         3.  What do we need to do to get child support?

New Hampshire Child Support

Sources of Child Support Help and Information in New Hampshire

Are you considering filing for child support in New Hampshire? The following "Frequently Asked Questions" will help you learn more about the process as you prepare to request New Hampshire child support:

How Do I Locate My Local New Hampshire Child Support Agency?

New Hampshire child support resources can be found both online and at your local child support enforcement agency.

NEW HAMPSHIRE Part 14

Modification of Child Custody in New Hampshire

A New Hampshire court will modify child custody if:

    The parties agree to a modification

    The court finds that the child's living environment poses a danger to the child's physical, mental, or emotional health and the child will benefit from a change in circumstances

    The court finds that one parent repeatedly interferes with the residential duties and responsibilities of the other parent

    One parent believes the current custody arrangement is not working

NEW HAMPSHIRE Part 13

Parenting Plans and Child Custody in New Hampshire

In a New Hampshire child custody case, parents must develop and file a parenting plan with the court. A parenting plan must include information related to:

    The child's legal residence for school attendance purposes

    Decision-making responsibilities and residential responsibilities

    A parenting schedule including weekends, holidays, vacations, and birthday planning

    Relocation guidelines

    Methods for resolving disputes

NEW HAMPSHIRE Part 12

Contested Child Custody in New Hampshire

If child custody is disputed in New Hampshire, a court may send the case to mediation. The purpose of mediation is to:

    Promote the best interests of the child

    Reduce the chances of the case returning to court

    Improve the parents' satisfaction with the outcome

    Reduce conflict and hostility between parents in a custody dispute

NEW HAMPSHIRE Part 11

Best Interests of the Child

A family court in New Hampshire will determine child custody based on the best interests of the child. Factors included in a best interest of the child determination are:

    The child's relationship with each parent

    Each parent's ability to provide the child with a loving environment

    Each parent's ability to provide for the child

    The child's adjustment to school and community and the potential affect of a change

    Each parent's willingness to support the child's ability to be in contact with the other parent

    Each parent's ability to communicate, cooperate with each other, and make decisions for the child

    The child's developmental needs, as well as each parent's ability to provide for those needs

    Any history of abuse and the impact of that abuse on the child's relationship with his/her parents

    The child's wishes, if the court determines that the child is mature enough to make such a decision (generally age 12 and older)

    Other additional relevant factors

NEW HAMPSHIRE Part 10

Child Custody in New Hampshire

Familiarize Yourself with New Hampshire Child Custody Laws

A New Hampshire family court uses several factors to determine child custody laws. Generally, the court determines child custody based on the best interests of the child. Parents who wish to file for child custody in New Hampshire should first become familiar with the custody statutes in this state.

NEW HAMPSHIRE Part 9

Please note that your signature on the petition must be notarized.

    You must also complete a Personal Data Sheet to file with your Petition.  Make sure to mark the appropriate box under your name if you are concerned about your safety and do not want personal information disclosed to the other party.  

    You should call the courts to determine the appropriate filing fee. There are limited circumstances under which the court can waive a fee.

    You will be asked to complete a financial affidavit and should be prepared to supply information regarding your income, employment, monthly expenses and life, health and dental insurance.  You will be required to supply a copy of your latest income tax returns or your most recent pay stubs.

    You may be asked to file a Parenting Plan, a Decree on Parenting Plan, A Uniform Support Order and Child Support Guidelines Worksheet.

NEW HAMPSHIRE Part 8

A.  General Instructions for the Process

     “County” refers to the county where you are going to file your petition.

    You may request a temporary hearing by completing section 10 of the petition.  A temporary hearing should be requested if there are matters to be resolved before the case is final, such as temporary parental responsibilities and support of the children. 

NEW HAMPSHIRE Part 7

2. What do we need to do to get custody?

Superior Court - How to Establish Parental Rights and Responsibilities and Request Child Support

Use a Parenting Petition when starting your action in the court.

New Hampshire law requires that anyone with children who is getting divorced or who has filed or responded to an action for custody, support or visitation must attend a 4 hour seminar on the effects of divorce or separation on children.  See If Children Are Involved.

NEW HAMPSHIRE Part 6

Once the petition has been filed, gather the information and documents required under Rule 1.25-A.

 To complete your divorce, you will need to file:

    Financial Affidavits completed by each party

    Vital Statistics form

    Must be completed for divorce, legal separation, civil union dissolution or annulment to be final.

    Final Decree on Divorce or Legal Separation

 If you need an order of the court before completing your divorce, you may request a temporary hearing on the petition. You will need to file a Temporary Decree on Divorce or Legal Separation prior to the temporary hearing.

NEW HAMPSHIRE Part 5

To start your divorce:

If both spouses agree to get divorced, even if you don't agree on the division of property, you may wish to file a Joint Petition for Divorce , together with a Personal Data Sheet . Using a Joint Petition to begin the divorce process avoids the cost of formal service of legal papers.

Otherwise, if you want to file as an individual, you will file a Petition for Divorce , together with a Personal Data Sheet . Your spouse will need to be notified about this divorce. That notification will happen either by your spouse picking up the divorce papers at the court, or by you sending the papers by certified mail or through the sheriff.

NEW HAMPSHIRE Part 4

 To complete your divorce, you will need to file:

    Certificate of completion of the Child Impact Seminar

    Parenting Plan

    Financial Affidavits completed by each party

    Vital Statistics form

    Must be completed for divorce, legal separation, civil union dissolution or annulment to be final.

    Final Decree on Divorce or Legal Separation

    Uniform Support Order

    Child Support Guidelines Worksheet

 If you need an order of the court before completing your divorce, you may request a temporary hearing on the divorce petition. You will need to file a Temporary Decree on Divorce or Legal Separation prior to the temporary hearing. Generally, a temporary hearing will not be scheduled until after First Appearance and mediation.

NEW HAMPSHIRE Part 3

Once the petition has been filed, gather the information and documents required under Rule 1.25-A.

 After a joint petition is filed, or after service of an individual petition, you will be scheduled for a First Appearance session. At this session, a judge or master will explain the court process and highlight important things to think about involving your children. You will hear about the Child Impact Seminar, parenting plans, mediation, and guardians ad litem, and child support. A date will be selected for the next step in your divorce, so please bring your calendar for scheduling purposes. See First Appearance and Mediation Forms for more information.

NEW HAMPSHIRE Part 2

To start your divorce:

If both spouses agree to get divorced, even if you don't agree on the division of property or parental rights and responsibilities, you may wish to file a Joint Petition for Divorce, together with a Personal Data Sheet. Using a Joint Petition to begin the divorce process avoids the cost of formal service of legal papers.

Otherwise, if you want to file as an individual, you will file a Petition for Divorce, together with a Personal Data Sheet. Your spouse will need to be notified about this divorce. That notification will happen either by your spouse picking up the divorce papers at the court, or by you sending the papers by certified mail or through the sheriff.

NEW HAMPSHIRE Part 1

NEW HAMPSHIRE

            1. What do we need to get a divorce?

Jurisdiction:  One of the following must apply to file for divorce in New Hampshire:  1) both parties live in New Hampshire, 2) the petitioner (the spouse starting the divorce action) has lived in New Hampshire for one year, or 3) the petitioner lives in New Hampshire and their spouse can be served with divorce papers in New Hampshire.

NEVADA Part 68

4

Appear in court and present your case. If you do not appear, your case will be dismissed and when your temporary order expires you will be unprotected. If the adverse party does not appear, you may be granted the order automatically or the judge may reschedule. You will both be given the opportunity to present your case, then the judge will rule.

NEVADA Part 67

3

Prepare to present your case in court. Practice telling your story to someone else so you are prepared to tell it clearly, accurately and descriptively. Assemble any evidence you have to support your case--police or medical records, written communication, photographs of damaged property or injuries and witness testimony. Legal assistance can be helpful but is not required.

NEVADA Part 66

2

Appear before the judge at an ex parte hearing held that same day. The judge will review your application and may ask you questions. The judge will decide whether to grant you a temporary order, valid for 30 days, which will protect you until your hearing. He will also set a date for your full hearing, at which the adverse party will also be given the opportunity to present her case.

The adverse party will need to be served with the temporary order of protection and notice of hearing. In some counties in Nevada, the court will forward these to law enforcement for you; in other counties you will have to bring the paperwork to law enforcement yourself. The clerk will tell you what you need to do.

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NEVADA Part 65

1

Go to the courthouse in the Nevada county where you live, where the "adverse party" (the Nevada term for your alleged abuser) lives, or where the abuse took place. Speak to the court clerk. She will be able to help you determine what type of restraining order you are eligible for and give you the appropriate forms. (Forms are also available online.)

In Nevada, there are several types of restraining orders (called "protection orders") available. You may be eligible for a domestic violence protection order if a family member has abused you. This abuse can include physical violence, threats, arson, trespass, sexual assault, and other offenses. Other types of protection orders are available for victims of stalking and harassment, workplace harassment, child abuse, and sexual assault.

On the application for your protection order, you will need to give a description and contact information for the adverse party, a description of the abuse, information about your relationship with the adverse party, and the terms you are requesting.

Complete the form and give it to the court clerk. You will need to sign it in front of the clerk or a notary. The clerk will then give it to a judge.

NEVADA Part 64

5. What do we need to do to get TRO?

How to Obtain a Restraining Order in Nevada

Restraining orders are issued to protect victims of abuse and harassment from further violence. In Nevada, there are three types of restraining orders: orders of protection, orders of protection for children and orders of protection against harassment in the workplace. Each type protects against a specific form of violence. Orders of protection are obtained by filing paperwork at your county courthouse, appearing before a judge, and presenting evidence to support your claim for protection.

NEVADA Part 63

How do Nevada courts decide what amount of alimony is fair?

In deciding whether to award alimony, and in what amount, Nevada's alimony statute requires Nevada's divorce courts to consider all of the following factors:

    the financial condition of each spouse

    the nature and value of the respective property of each spouse

    the contribution of each spouse to any property held by the spouses pursuant to Nevada's joint tenancy, tenancy-in-common, and community property laws

    the length of the marriage

    the income, earning capacity, age and health of each spouse

    the standard of living during the marriage

    the supported spouse’s pre-marriage career

    the existence of specialized education or training or the level of marketable skills attained by each spouse during the marriage

    the contribution of either spouse as homemaker

    the award of property granted by the court in the divorce, other than child support and alimony, to the supported spouse, and

    the physical and mental condition of both spouses as it relates to their financial condition, health, and ability to work.