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My ex wife was granted a move to another state with my 2 minor children about a year ago. She presented her case claimed that there was so much for the kids to do and how much more opportunity they will have on her husbands military base. Well a y...
Many factors to consider here, and cannot provide a good assessment based only on the facts you have provided. According to Baures, when assessing whether to order removal, the court must look to the following factors relevant to the plaintiff's burden of proving good faith and that the move will not be inimical to the child's interest:
(1) The reasons given for the move;
(2) The reasons given for the opposition;
(3) The past history of dealings between the parties insofar as it bears on the reasons advanced by both parties for supporting and opposing the move;
(4) Whether the child will receive educational, health and leisure opportunities at least equal to what is available here;
(5) Any special needs or talents of the child that require accommodation and whether such accommodation or its equivalent is available in the new location;
(6) Whether a visitation and communication schedule can be developed that will allow the noncustodial parent to maintain a full and continuous relationship with the child;
(7) The likelihood that the custodial parent will continue to foster the child's relationship with the noncustodial parent if the move is allowed;
(8) The effect of the move on extended family relationships here and in the new location;
(9) If the child is of age, his or her preference;
(10) Whether the child is entering his or her senior year in high school at which point he or she should generally not be moved until graduation without his or her consent;
(11) Whether the noncustodial parent has the ability to relocate; and
(12) Any other factor bearing on the child's interest.
Of course, "not all factors will be relevant and of equal weight in every case." Baures v. Baures, 167 N.J. at 117. As noted by the Court: [I]n a case in which the parties have no extended family in either location, that factor will not be considered. Likewise, when the children are not of the age of reason, consent will not come into play. Contrariwise, if the focus of the challenge to removal is the inadequacy of the out-of-state health or educational facilities, that factor will take on greater significance. Baures v. Lewis, 167 N.J. at 117.
I'm sorry, but I don't see a question here.See question
Just go out on your own. Not sure I get the question here. You're an adult.See question
Sexual assault , straining order dismiss
If you want to dismiss, you need to appear in court to do so. You will be given instructions there as to how to proceed.See question
She left our home to go to her mother’s house three weeks ago by herself and two weeks ago she picked up our kids from preschool and took them with her. I filed for custody of our children and started a case with the NJ Child Protection ...
DCPP process will trump FD or FM action on custody and parenting time. Right now, from what you've shared, there is no Order.See question
My husband filed a compliant of annulment.I was not able to contest due to various reasons,then i received a default notice end of december. Since then i havent heard or received any notice...not sure what the judgement is...is it mandatory to sen...
A default judgment cannot be entered against you unless you are first served with a notice of proposed final judgment.See question
I live in NJ, need to find the least expensive way to get divorced. Been married 30 years, separated 2-1/2 years. I'm hoping it will be simple since both of us are amicable, we need guidance on property division and alimony and whatever else goes ...
Respectfully, IMO mediation is an unnecessary waste of time and money given the situation you describe. There are other straightforward approaches that do not rely on mediators. What most people do not understand is that, once mediators do their part (if successful), the resultant understanding should be reviewed by independent lawyers on both sides. Feel free to email firstname.lastname@example.org for a free initial consultation.See question
Was divorced many years ago, back in the 1990's and am now coming up to retirement age (65). What happens now with alimony? Does it stay the same? Does it get changed? Does it stop? What if I don't retire now but work a few more years? Ha...
If your MSA provides that alimony can be reviewed at age 65, then you would qualify to make an application to have it reevaluated. That being said, the statute most certainly does immediately apply to any proposed retirement, beginning on September 15, 2014. Please be guided by the following effective statutory language:
j. Alimony may be modified or terminated upon the prospective or actual retirement of the obligor.
(1) There shall be a rebuttable presumption that alimony shall terminate upon the obligor spouse or partner attaining full retirement age, except that any arrearages that have accrued prior to the termination date shall not be vacated or annulled. The court may set a different alimony termination date for good cause shown based on specific written findings of fact and conclusions of law. The rebuttable presumption may be overcome if, upon consideration of the following factors and for good cause shown, the court determines that alimony should continue:
(a) The ages of the parties at the time of the application for retirement;
(b) The ages of the parties at the time of the marriage or civil union and their ages at the time of entry of the alimony award;
(c) The degree and duration of the economic dependency of the recipient upon the payor during the marriage or civil union;
(d) Whether the recipient has foregone or relinquished or otherwise sacrificed claims, rights or property in exchange for a ore substantial or longer alimony award;
(e) The duration or amount of alimony already paid;
(f) The health of the parties at the time of the retirement application;
(g) Assets of the parties at the time of the retirement application;
(h) Whether the recipient has reached full retirement age as defined in this section;
(i) Sources of income, both earned and unearned, of the parties;
(j) The ability of the recipient to have saved adequately for retirement; and
(k) Any other factors that the court may deem relevant. If the court determines, for good cause shown based on specific written findings of fact and conclusions of law, that the presumption has been overcome, then the court shall apply the alimony factors as set forth in subsection b. of this section to the parties' current circumstances in order to determine whether modification or termination of alimony is appropriate. If the obligor intends to retire but has not yet retired, the court shall establish the conditions under which the modification or termination of alimony will be effective.
(2) Where the obligor seeks to retire prior to attaining the full retirement age as defined in this section, the obligor shall have the burden of demonstrating by a preponderance of the evidence that the prospective or actual retirement is reasonable and made in good faith. Both the obligor's application to the court for modification or termination of alimony and the obligee's response to the application shall be accompanied by current Case Information Statements or other relevant documents as required by the Rules of Court, as well as the Case Information Statements or other documents from the date of entry of the original alimony award and from the date of any subsequent modification. In order to determine whether the obligor has met the burden of
demonstrating that the obligor's prospective or actual retirement is reasonable and made in good faith, the court shall consider the following factors:
(a) The age and health of the parties at the time of the application;
(b) The obligor’s field of employment and the generally accepted age of retirement for those in that field;
(c) The age when the obligor becomes eligible for retirement at the obligor’s place of employment, including mandatory retirement dates or the dates upon which continued employment would no
longer increase retirement benefits;
Due to AVVO answer space limitations, the remainder of the alimony statute can be found at www. DivorceNewJersey.com. Hope this helps.See question
I agreed to a child support amount that was over the child support guidelines during the divorce in 2010. Since the divorce my income has stayed around the same. My ex-wife was making 100k per year , was laid off in 2014, ran out of unemployment...
You would have to make a prima facie showing that a significant change of financial circumstances has occurred, in order to prompt the court to order a disclosure of her current financial circumstances. However, the important question to answer is this: Do you want to risk that there turns out to be a change of circumstances that includes your ex earning less than previously?See question
I don't plan on returning to an abusive marriage after trying to escape for so long.My family is very supportive of my decision and so willing to help me.I have 2 teen girls from previous marriage that are living with my mom in FL,for 2 years now ...
You didn't say you had kids from this marriage, so I am assuming you don't. Not enough info to give you any counsel about your rights. Don not know, for instance, whether you were earning in NJ and whether there could be a claim for support against you. Don't know if you've taken marital assets along. Be wary about discussing much more about your situation on the forum. Thanks!See question