As a lawyer who focuses on family law and divorce issues in Jersey City, I speak to individuals about a variety of scenarios with regard to family law cases, as each case is fact specific. Today, I will write about child support and alimony, which is frequently discussed when someone is seeking a divorce or has begun the divorce process.
CHILD SUPPORT IS A CERTAINTY WHILE YOU MUST MAKE A CASE FOR ALIMONY BASED ON THE LIFESTYLE YOU LIVED/INCOME DIFFERENTIALS.
In Divorce Court, You cannot simply walk in and tell the Judge, “Hey, I want alimony, thank you.” and sit down. If you have a child, you will receive child support and while there are many things to argue about with regard to child support, in the end, the custodial parent will receive child support for the child until the child is emancipated, which is NOT automatically 18 in the State of New Jersey. A child is considered to be emancipated when a court finds that he or she has left the sphere of influence.
On the other hand, a litigant must show that there is a need for alimony, how much alimony and how long the alimony must be paid for. Now, if you and your spouse agree to a monthly number, that amount can be allocated as you wish because alimony has tax advantages to the payor, while child support does not. Some of the factors used to determine if alimony should be awarded are:
The Length of the Marriage
The Parental Responsibilities of the Custodial Parent
Age of the Parties
Assets available to the Parties
Incomes and/or Potential Incomes
Furthermore, if you and your spouse, whether through the attorneys or between the two of you, actually agree, a marital settlement agreement will be made and will be part of the final divorce judgment. If you or a loved one is seeking to move forward with an experienced Jersey City divorce lawyer, contact us today on 201-706-7910 to discuss the situation.