New Jersey Divorce Lawyer Blog

Child Support Guidelines – What is Included?: Part 3

Variable Costs – the court has allocated 37% of the basic child support award to variable costs, ie. Food and transportation. These costs are adjusted by the court when the non-custodial parent has a regular visitation schedule. It makes sense when you think about it because if the non-custodial parent is spending a set amount of time with the kids, he/she will be incurring these variable costs on each visist.

This category includes all food and beverages, all costs associated with your vehicle (lease payments, gas etc.), parking fees and tolls. The foregoing expenses are not exhaustive, so make sure you have access to a professional with all of the information.

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Child Support Guidelines – What is Included?: Part 2

The previous post laid out the three different categories of expenses that are included in the basic child support award. Let’s start with an explanation for fixed costs.

Fixed costs - according to the court, fixed costs account for 38% of the child support award. These are costs incurred even when your children are not residing with you., ie: housing and utility costs. This category also includes mortgage interest payments, home equity loan payments, repairs or maintenance on the housing, rent, and miscellaneous household equipment.

Fixed costs will be adjusted when the non-custodial parent is spending at least two overnights per week with the children. Consult with an attorney to find out additional specifics on this category and if the court will consider an adjustment based on extraordinary expenses in this area.

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Child Support Guidelines – What is Included?: Part 1

The basic child support award takes many expenses into consideration. New Jersey has broken those expenses down into three different categories. Fixed costs, variable costs and controlled costs. This may seem a bit specific for those of you reading this entry, however, it is important to note that the court can adjust the award based on fixed or variable costs, but not for control costs.

Stay tuned for the differences between these types of expenses. Knowing which of your expenses falls into which category can help you when applying for an adjustment to your child support.

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New Jersey setting trends for Protecting Victims of Spousal Abuse

New Jersey has finally gotten the system into place which allows law enforcement all across the country to access a database listing all final restraining orders issued in the state. For more information check out:

Online Resource for restraining orders

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Case Information Statements – How do they help determine alimony?

As I have posted in previous entries, alimony is determined by the court reviewing a number of different factors. In my experience, the most important factors are one spouse’s need for alimony and the standard of living established during the marriage. Case Information Statements include evidence of both of these factors.

A spouse’s need for alimony can be determined by the monthly budget put together in the Case Information Statement. It is important that you take your time in filling out the budget, using accurate figures for expenses during the marriage and current expenses if you or your spouse has moved out of the marital residence.

The standard of living during the marriage may be a little more difficult to determine, however, courts may look at the joint budget in the Case Information Statement. The court will also look at the marital assets and liabilities to determine how the parties lived while together. It is true that the budget is not the not the only way to determine alimony but it certainly plays a huge role.

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Case Information Statements – How important are they?

Every time I meet with a new client and provide them with the forms they need to complete, I get a sense that people become overwhelmed with the dreaded Case Information Statement.

What is it? The CIS is probably the most important form you will fill out during the divorce process. It plays a heavy role in calculating child support, alimony and helps determine what assets and liabilities are subject to equitable distribution. So, take your time with this form. Ask your attorney for help and make sure it is accurate. Sure you can always update it, (and are required to update it toward the end of the process) but it is best to be as complete as possible.

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