Union County Domestic Violence and Restraining Order Lawyer

FOCUS ON 3 JUDGES: Judge Kimberly Espinales-Maloney, Judge Vito Sciancalepore, Judge Anthony D’Elia HUDSON COUNTY Family Court

Jersey City Family Law Attorney Santo Artusa focuses on Restraining orders, domestic abuse, divorce, CHILD CUSTODY LAWYER AND CHILD SUPPORT LAWYER REPRESENT PEOPLE IN THE HUDSON COUNTY SUPERIOR COURT-FAMILY DIVISION BEFORE JUDGE ANTHONY D’ELIA, JUDGE KIMBERLY ESPINALES-MALONEY AND JUDGE VITO SCIANCALEPORE

 

Hudson County Child Custody Attorney
Hudson County-NJ FAMILY LAW ATTORNEY

When individuals file for child support or child custody in Hudson County, many times they have no idea who will hear and decide their case. They are unsure if they should hire a family law attorney, any attorney or go alone. Some people are confused. Having a plan is key as is knowing who your Judge is. This is all important to know.

The Artusa law Firm is your local Hudson County family law attorney law firm and Jersey City divorce lawyers. Family law Attorneys align and prepare their paperwork and arguments for certain judges that they have experience practicing before. A good family law attorney will do his or her research as to how the Judge rules, how the Judge operates the Courtroom, how the Judge deals with litigants and so forth. One Hudson County Family Court Judge may feel that is someone owes $1000 in child support is a lot while another may think $5000 is. One Hudson County Family Court Judge may not seek to change custody easily while another may change custody quickly. Knowing your audience or in this case the family court Judge is very important in family law matters. In Hudson County Superior Court, the current Judges who decide domestic violence/restraining orders,  family issues/child custody are: Hon. Judge Kimberly Espinales-Maloney, Judge Arre, Judge Nesle Rodriguez, Judge Mirtha Ospina, Judge Maureen Mantineo, Judge Mark Baber, Judge Vito Sciancalepore and Judge Anthony D’Elia. If you have a case in Hudson County family court, contact the family law attorney and divorce attorneys at the Artusa Law Firm on 973-337-9643. We represent both mothers and fathers in Hudson County family court.

One of the newer Judges in Hudson County Family Court is Hon. Judge Kimberly Espinales-Maloney whose chambers are located at 595 Newark Avenue, Room 804, Jersey City, NJ 07306. The Judge has many years of experience in litigation and seeks to find solutions to cases but you must know what you are really seeking if you want to get it. Judge Vito Sciancalepore will decide Hudson County Restraining Order Cases/Domestic Violence Cases, non-dissolution (non-divorce cases) and dissolution cases (divorces) including child support and parenting time. As of now, Hon. Judge Kimberly Espinales-Maloney hears divorces, uncontested/no fault divorces and other post divorce family law matters.  Judge Vito Sciancalepore will take over Judge Arre’s docket and decided domestic violence and restraining order cases. Judge Arre will decide criminal cases again. The Artusa Law Firm is skilled in both family and criminal law litigation in Hudson County. To learn more about all of our legal services, visit- Artusa Law Firm of New Jersey or Contact us today on 973-337-9643.

pexels-photomotherRecently we had a case where the mother of the child was not allowed to have any overnight parenting time as per the father. This had gone on for years. Jersey City Family Law Attorney Santo Artusa filed a complaint/application to modify custody and/or parenting time. The father, who had been the custodial parent for approximately 2 years argued his case but after Judge Arre heard testimony he urged the attorneys to discuss the matter. Attorney Santo Artusa successfully negotiated joint/shared physical custody of 4 nights one week and 3 nights the alternate week.  For more information about child custody in New Jersey visit this New Jersey Child Custody Lawyer and about support, visit: New Jersey Child Support Lawyer.

Another Judge that hears many cases and is the Presiding Judge of the family division in Hudson County is Judge Maureen Mantineo. Judge Mantineo’s chambers are located where Judge Sogluizzo’s chambers were on the second floor of the Hudson County Superior Court. Judge Mantineo was the presiding judge of family years ago before taking time to work in the civil division. Her return is a welcome one as she knows how to get to the heart of the issues in the case, is polite, surprisingly patient and does not favor any particular litigant. Her courtroom is on the 2nd floor of the Superior Court. She handles divorces, child custody, child support, post divorce cases, parenting time and other family law issues.

When deciding you need to take the next step and seek court intervention to change a court order, obtain a court order, or enforce a court order, there are many rules that need to be followed and if time is important to you, you do not want to waste time filing for something that is not presented right or incorrectly because the Judge will deny it. By contacting Jersey City family law attorney Santo Artusa and his team at the Artusa Law Firm which handles a wide variety of family law cases in New Jersey, you can be assured that they will work hard on your case and do their best to present your case in the best light. If you seek a family law attorney for a child custody, restraining order/domestic violence case or other related matter, contact the Artusa Law Firm on 973-337-9643 today.

 

For information about the work we handle in father’s rights cases where we represent father’s in child custody, parenting time or child support issues, visit: New Jersey Father’s Rights Attorney. To read our press release about our recent successes in representing dads in court, visit: New Jersey Family Court Lawyer Success.

5 WAYS TO MAKE SHARED RESIDENTIAL CUSTODY WORK IN NEW JERSEY

Shared residential custody has come along way with the New Jersey Family Courts. Some people agree with the approach, others do not. Some therapists agree with it, some do not but either way here are my tips as to how to make shared parenting a reality with your ex. As a family law attorney in a high density area, I have mixed feelings on it. Feelings aside, here are my tips:

  1. Live in close proximity to each other. No, you do not need to live next door but you should try to live within the same school district. This will make it easy for attending school events, picking up the kids, being there for emergencies if one parent cannot, being close to the child’s doctor, etc. Living close to each other makes it easier to work together.
  2. Make a parenting schedule or go to court to work out as many details as possible. The more detailed the plan is the lesser the chance that confusion can be used as an excuse not to comply and or less of a reason to make a mistake with the scheduling. Plan the holidays, the long weekends, vacations, who will do the pick ups, where will the pick ups be, etc.
  3. Family Wizard. For now, the app Family Wizard is a great way to schedule and communicate with the other parent without getting into nasty disputes or even simple disagreements about time/pickups/holiday schedules, etc. The yearly parenting time calendar goes into the wizard and you will be amazed how much easier it is then contact your ex all the time.
  4. Have a place in the home/apartment that makes your child feel that each home is his or her home and that the child is not just visiting. Go that extra mile for the child and the child will be excited at both homes.
  5. Take the child to his or her activities. Consistency is the key. Your child should not miss baseball games, football, etc because you want to do something else. If your child commits to a sport/activity, have your child there every time. The consistency of being there and/or being part of a team is in the best interests of a child. When he or she begins to miss, the coach or leader will not give your child the same chance and why would he or she if the other kids are fully committed?

I am a family law attorney and I have children. I realize every case is different but in the end it is up to you as to how much you are willing to be civil, agree, work things out for the kids. I am here to help you achieve your goals in court that affect your everyday life. If you have a family law case in New Jersey, call my Jersey City office on 973-337-9643.

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HUDSON COUNTY DIVORCE LAWYER: 5 REASONS YOU SHOULD HAVE A PARENTING SCHEDULE THROUGH THE FAMILY COURT

One of the biggest issues in family court-divorce court in New Jersey is: parenting time and child custody. As a family law attorney in Jersey City-Hudson County, I have represented 100s if not 1000s of people in family law-parenting time concerns in the Hudson County Family Court which is located at 595 Newark Avenue, Jersey City, NJ. This article is intended to provide common sense tips in child custody/parenting time cases in New Jersey. I use my experience as an attorney and my life experience as a father to offer these tips from a different vantage point. Some points may be overstated or repeated in various articles I have written but it is because these tips are the same tips that work and help people over and over again. Each case is different but if the parents truly care for their children, which is always my hope, we can come to a parenting schedule that promotes parenting time for both parents. This is key for the well-being of the children. However, in cases were one parent is “toxic” or is trying to ruin the relationship between one parent and child, a stricter schedule and therapy may be needed, we can help you. Below are just five reasons why you should have a set parenting schedule:

  1. You and the children will benefit from a structured schedule. They will know where to be, what to expect, look forward to that time and so on. Less confusion, less problems.
  2. The set schedule will become a routine and the children will begin to have routines at the alternate residence to do homework, school projects, activities, etc.
  3. It gives you a set time for yourself which is needed between work, caring for the kids and all other things that you may need a rest from.
  4. The more detailed the plan, the lesser chance you will have fights and return to court. Make it as black and white as possible.
  5. With a set schedule, it gives your ex less of a chance to try to control you through the children and will limit unnecessary communication.

When the relationship is tense, in a divorce, leads to arguments, it is best to just have the rules set in a parenting schedule so a limit on needless communication is in effect and will only help you. If you have a family law case, domestic abuse/restraining order case, divorce in Hudson County, I suggest you give my office a call to discuss these matters further. We can be reached in our Jersey City office on: 973-337-9643.

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Shared Parenting and Divorce, When Does it Make Sense?

In the “old days” when people got divorced or when people decided not to live together anymore, the non-custodial parent would often have a “traditional” parenting schedule which usually consisted of every other weekend parenting time. This type of parenting time greatly limits a parents ability to actually parent and becomes the “fun” parent, taking the child to games, to activities while the custodial parent would make all the day to day decisions. This form of parenting time has been found to hurt children in some cases but in other cases, the children have stability and are not dizzy from all the back and forth from one home to the next. The age of the child is very important in the determination of parenting time. A child custody case can be a separate action or it could be part of a contested divorce.

In a recent case, the child was less than 5 years old. The father was not involved in the day to day activities and upbringing of the child despite lying under oath that he was very active. The father presented pictures of matching tooth brushes in the two different homes, matching plates, cups, etc., to avoid confusion. Well, his attempt failed as a child is not going to be confused about which color toothbrush will be there or what kind of dish he or she will eat on but the confusion comes to more important things which the absent father could not understand. For instance, the rules set by one parent may be different than the rules of the other, non-custodial parent. The bed time and routine of a young child is critical and if the parents cannot agree, a shared parenting schedule will not work at such a young age. Only an active parent would know that or someone with common sense, something that is often lacking in courts especially when litigants lie.

If you seek more information about child custody cases from Jersey City Child Custody Attorney Santo Artusa, click here. You can also click here to learn more about our child support cases and for our home page which outlines all of our family law services, click here.

We have successfully represented people concerning family law and divorce matters in the Hudson County Family Court, Essex County Family Court and other courts in New Jersey for parents in both situations. If you have a parenting time issue or custody case, contact us today for an appointment in our Jersey City office on 201-706-7910.

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What You Need To Know-Notice of Scheduled Appearance for Motion Hearing

best new jersey divorce attorneyHave you received New Jersey Family Court motion papers in the mail? Are you seeking to file a cross-motion? Do you want to defend against the request that you received in the mail? Are you seeking a family law-child custody lawyer in New Jersey?  The New Jersey Family Law Attorneys at the Artusa Law Firm can help you today on 201-706-7910.

The State of New Jersey To: Have you received a notice that matched the title of this blog for a court date in Hudson County, Essex County, Union County or Bergen County? If you have, we can help. Our team focuses on family law issues throughout the State of New Jersey. The motion you received may lay out one issue to contend or several (child custody, parenting time,violation of a court order,  college costs, child support, alimony issues, enforcement motions, emancipation, child relocation, spousal support, evaluation of assets, etc) either way there is a deadline to respond and if you seek certain relief there is a deadline for your “cross-motion” or “cross-application.” The New Jersey family law attorneys at the Artusa Law Firm can help you with your case if you seek professional family law representation.

What is written in the motion papers and the exhibits (attachments) you provide are very important to your case. Without proof, a Judge may simply decide the motion without oral argument. If you reply and request oral argument, you should be able to have that and argue your case before the Judge and against the opposing party. However, you should know that if you elect to handle the matter on your own, you will be held to the same standard as an attorney. You must know the rules and the legal standards for the claims you are asserting. Family law motions require a substantial amount of work and if done incorrectly, can cost you more than you imagined. If you received a motion in New Jersey for a family part case, contact the team at the Artusa Law Firm today on 201-706-7910 to discuss your situation and if it makes sense to hire an attorney.

 

Hudson County Child Custody Lawyer

5 TOOLS AVAILABLE IN A CHILD CUSTODY DISPUTE

  • WHAT CAN I DO IF MY WIFE AND I DO NOT AGREE ON CHILD CUSTODY IN NEW JERSEY?
  • I WANT CUSTODY OF MY CHILD BECAUSE I THINK THE MOTHER IS UNFIT, WHAT CAN I DO?
  • I HAVE AN UPCOMING COURT DATE FOR CHILD CUSTODY AND CHILD SUPPORT IN NEW JERSEY WHAT SHOULD I DO?
  • WHAT IS THE DIFFERENCE BETWEEN SOLE AND JOINT CUSTODY IN NEW JERSEY?
  • I NEED AN ATTORNEY FOR FAMILY COURT IN NEW JERSEY, WHO SHOULD I CALL?

N.J.S.A 9:2-4f. New Jersey Child Custody Attorney

CHILD CUSTODY AND PARENTING TIME DISPUTES IN JERSEY CITY, NJ

HOW TO PROVE YOUR CASE AND THE TOOLS AVAILABLE TO PARENTS IN NEW JERSEY FAMILY COURT

Whether you live in New Jersey or live out of state and have a family court case about child custody, child support and so forth, we can help you whether you are close by or live in Florida, Virginia or any other state and have a New Jersey Family Court case. As Jersey City child custody lawyers, we represent parents from throughout the country because of the transient nature of Jersey City and Hoboken, New Jersey.

When parents cannot agree on simple things in life, they usually cannot agree on how or who should be the primary parent in the child’s life and/or how much parenting time each parent should have. These issues are never easy to tackle as in most family law cases, there is no smoking gun to prove your case. You need to present your case accordingly in family court to change custody, obtain custody, change parenting time , start having parenting time, have a New Jersey child support issue and seek a change. While many cases are cut and dry in that one parent has been the custodial parent throughout the child’s life while in other cases, the one parent agrees who should raise the child (which home to live in). The other cases that do not fit this distinction are the focus of this article.

CHILD CUSTODY AND PARENTING TIME DISPUTES IN JERSEY CITY, NEW JERSEY

In these disputes, the court offers mediation to try and resolve the issues at hand. This option is available early on in the case and can be extremely useful to individuals but again, cases where the anger toward each party is present and/or the truth is blurred, mediation will not get the job done. The statute in New Jersey that governs child custody determinations is: N.J.S.A 9:2-4f.

New Jersey Family Law Attorney
New Jersey Family Law Attorneys

When a change in custody is sought or a significant change in parenting time is sought, your attorney should seek to conduct discovery if certain issues are present in the case. For example, if one party has a history of drug use, careless behavior, addiction issues and so forth, it is important to find out if the party is still using, if not, have them prove how long the person has been “clean” through a hair follicle test, when is the last time they relapsed, when they relapsed what happened?, has the child ever seen the parent in this state? The list goes on and on. When issues like this and other issues such as anger, inability to control a person’s behavior, risky behavior and so on appear, your attorney should seek that the person seeking more time be mentally evaluated by a neutral professional. Furthermore this neutral person should write a best interests report that can be used in court where the expert will testify as to how they reached their conclusion. This report is not the final test for the Court but it is a major consideration for the Judge in determining what should be done next. The expert witness is offering a suggestion to the Court and is not dispositive but the Judge could give that testimony alot of weight. Additionally, you can seek that written discovery be provided or depositions be conducted where you can question the party or potential witnesses. These tools, when done right, can be extremely effective in finding the truth and catching someone being untruthful during the court proceedings.

NEW JERSEY FAMILY LAW ATTORNEY SANTO ARTUSA, JR., ESQ

Family issues, especially custody can get very ugly and difficult. New Jersey Family law and child custody attorney Santo Artusa has the experience and care to represent people who take these cases very seriously. These matters are very hard to simple work on and forget. It is important to work with a lawyer who represents your interests as if it was his or her case and family. New Jersey Family Attorney Santo Artusa does. If you seek professional representation in child custody, divorce, child support and other family law issues, contact the Artusa Law Firm today on 201-706-7910.To view all of the legal services we offer, visit: Artusa Law Firm of New Jersey.

 


New Jersey Family Law Attorney

Questions You Need to Ask During a Divorce and/or Family Law Consultation

Martindale Award for Client Distinction 2015
Martindale Award for Client Distinction 2015
  1. How often do you practice family law or divorce cases?
  2. How often do you practice child custody cases?
  3. How do I start the divorce process?
  4. Typically how long does a divorce take?
  5. How much is a divorce?
  6. What is your hourly rate?
  7. Who will handle the case, which attorney?
  8. What if my spouse does not agree to the divorce?
  9. Am I able to obtain alimony or must I pay alimony?
  10. How is child support calculated?
  11. How often must I attend court?
  12. Do I have to attend marriage counseling?
  13. Do I have to attend parenting classes or mediation?
  14. We agree on everything, do we need to go to court?
  15. I cannot find my spouse, how can I get a divorce?

These are some very general questions people usually ask or should ask when meeting with an attorney. You should also feel comfortable with the attorney you meet because you will need to work together to achieve your case goals. For an appointment in our Jersey City office, contact us on 201-706-7910.

HOW TO MAKE MY SPOUSE LEAVE THE HOUSE AND WHICH OTHER RELIEF CAN I GET DURING A DIVORCE IN NJ

JERSEY CITY DIVORCE ATTORNEY SANTO ARTUSA ON QUESTIONS AND CONCERNS PEOPLE HAVE WHEN GOING THROUGH A DIVORCE OR CONSIDERING A DIVORCE-

I wrote this article to address some concerns people ask when considering a divorce or you are beginning the divorce process in New Jersey. Many times you would not think this day would ever come. A day that you receive divorce papers, a day where you decide you want a divorce, a day you realize you want your spouse out of the home you built a life in, but it happens everyday, some expected, some surprised. Now is not the time to dwell on the past or point fingers, now is the time to focus on what is needed and how to obtain what you need from the divorce.  A divorce is difficult in many ways but you can mitigate some of the damage and you can prevent matters from getting worse. I practice matrimonial law in New Jersey and some of the tips I provide are specific to court rules and cases in New Jersey.

CAN I MAKE MY SPOUSE LEAVE OR PREVENT MY SPOUSE FROM COMING BACK TO THE MARITAL HOME DURING A DIVORCE IN NJ?

Depending on the circumstances involved, yes. NJ divorce lawyer Santo Artusa can help you if you are facing a situation like this.

“Parties in the midst of a tumultuous matrimonial dispute should ordinarily not reside under the same roof.”  N.B. v. T.B., 297 N.J.Super. 35, 687 A.2d 766 (App.Div.1997). So without having to file for a restraining order or for the tension and problems to rise to the level of a restraining order, a person can seek for their spouse to leave the marital home by way of motion in the family court. Agreements can be made that the move is without prejudice to custody requests, the marital residence and so forth or the Judge can order it. Think about it, couples argue even in “good times,” the arguments and tension only get much worse when a divorce is filed. Every time a demand is made in the court action, an unreasonable spouse can bring up that demand all day, in front of the children, in front of neighbors, friends and so on. The bottom line is it can get very toxic very quickly.

There are other cases where one parent just comes and goes as he or she wishes, shaking the foundation of the familial safety and comfort zone. A court could find that this behavior is not acceptable especially if children are involved and this affects their well-being. If one parent is drinking or doing drugs, that can also be another reason to have the spouse removed out of the marital home. The home is meant to be a safe haven, a place where you and your children can rest and not be bothered, a place to re-energize, how can you do that if the tension and/or behavior of your spouse prevents that? You cannot.

What if my spouse is bringing someone around our children that I am concerned about?

The Family Court in New Jersey or the NJ Divorce Court has the power to restrain your spouse or other parent from having someone around that will or could affect the well-being of a child (especially during overnight parenting time). The moral welfare of the children supersedes the right to companionship at times. We recently represented a father that was concerned about an ex-convicts and alleged drug dealer in the presence of his children. We were able to prevent the man from being around the children. After the court issued an order, the mother violated the order and we were able to obtain residential custody to dad, victory!

best new jersey divorce attorneyMy husband left and he is not paying any of the household bills, what can I do?

Pendente Lite Alimony (Temporary Alimony) Applications/Motions. If a divorce has been filed in NJ, or if you plan to file for divorce, you can file a motion for temporary financial relief such as alimony or for the payment of the household bills to return to the status quo (mortgage, taxes, rent, utilities, food, clothing, entertainment). Just because the parents may be at war does not mean the children should suffer anymore than they may be suffering already from the confusion and conflict in the family. The hot headed reactions and the egging on of your spouse near or in front of your children is something you will always regret if you truly love your kids, you need to prevent these scenes of rage that will be instilled in your children’s memories forever.

HOW MUCH OR WHAT CAN BE ORDERED TO BE PAID?

An NJ family court can order a set amount to be paid to the dependent spouse or the court can order certain specific bills to be paid by the breadwinner to continue the pre-separation/pre-filing standard of living. Pendente lite alimony is based on need and if done right, can prevent eviction, losing equity in the marital home, damage to credit because of the non-payment of bills, prevent your children from losing spots in private school, camp, the utilities from shutting off, etc.

best new jersey divorce attorneyRECENT RESULTS
In one pendente lite motion, we were able to have the bread-winner husband pay $9500 in unallocated support while he was still living in the marital home because he would refuse to pay the bills necessary for the wife and children’s well-being.

DO I HAVE TO FILE FOR DIVORCE TO OBTAIN RELIEF?

  • No. If you did not file for divorce or are not ready to, you can seek spousal support in what is called a non-dissolution application. The New Jersey Family Courts also have the authority to order assets sold during the divorce process in order for the family to meet certain obligations. The sale of assets prior to a final judgment is rare but it can be done under certain circumstances.My wife does not let me see the kids, what can I do? 
    If your spouse or mother/father of your children does not let you see your children, you would need to file an application or motion to set a parenting schedule. A parenting schedule will prevent the other parent from trying to control if and when you can see your children. Even if the other parent has sole custody or has prevented visits, you still have parental rights as long as you do not place the children in harm’s way and that it is not against the welfare of the children.I AM ON MY WIFE’S HEALTH INSURANCE, WILL I LOSE THAT BECAUSE SHE FILED FOR DIVORCE?
    Your spouse cannot remove you from a health insurance plan until after a final judgment of divorce has been entered and at that time, the insurance would be available to you to pay for by way of COBRA.I LIVE IN ALPINE, NJ, WHERE SHOULD I FILE?
    *In the county in which the plaintiff (the party that files first) was domiciled when the cause of action arose (domicile-a place where a man or woman has his/her true and fixed, and permanent home and principal establishment, and which whenever he or she is absent he or she has the intention of returning-Source Black’s Law Dictionary).
    OR-Where the Defendant was domiciled when the cause of action arose OR:
    If neither party was domiciled in the state when the cause of action arose, then the county in which the plaintiff is domiciled when the action is commenced.  If the plaintiff is not domiciled here, then it can be filed in the county where the defendant is domiciled when the service of process is made.So in our example, if you live in Alpine and your husband also lives in Alpine. Bergen County would be the place where you would file for divorce in NJ.  If you lived in Manhattan and your wife lives in Jersey City, you could file in Jersey City, New Jersey.

    Jersey City Child Custody Lawyer
    New Jersey Divorce Lawyer and Jersey City Child Custody Lawyer

    My name is Santo Artusa, Jr., and thank you for reading my article. My practice is heavily devoted to divorce and family law issues throughout the State of New Jersey and in Jersey City-Hudson County. I understand the critical nature of matrimonial law as I have been through it myself before I was a lawyer. It was a very stressful and confusing time not knowing what my rights were and not knowing what my lawyer needed from me. That journey led me to attend law school at night while I worked in the financial service industry in New York City. I aspire to take cases that I believe in because you can never put your heart into something you do not believe in. My team and I can be reached for an appointment on 201-706-7910. In, NJ, We handle cases from Bergen County, Hudson County, Middlesex County all the way down to Atlantic County, New Jersey. Contact us today if you have a family law situation that requires legal attention.

HOW IS CHILD SUPPORT CALCULATED IN NEW JERSEY?

Child Support in New Jersey is calculated by adding relevant information into what are know as the NJ Child Support Guidelines. Pictures of what the guidelines look like are above for your review. Information used include:  weekly wages, annual income, work related day care costs, the amount of overnight parenting time each parent has, whether a sole parenting or shared parenting worksheet should be used, cost of health insurance for the child, whether union dues are paid, mandatory pension contributions, etc.

To help you understand, I will go through the New Jersey sole parenting child support guideline,  so that it is understood:

 

 

For more information about our family law services and representation, please visit our main page here or for information about child custody in Hudson County and beyond click on the links above.