Hague Convention and UCCJEA By: Sheryl Seiden, Esq. and Kaitlyn McCracken, Esq.[1] The Hague Convention on the Civil Aspects of International Child Abduction (the “Hague Convention”) and the UCCJEA address related, but distinct, inquiries. The Hague Convention is a treaty, not a custody statute, and its inquiry is intentionally narrow. In cases brought under the […]

Itemizing a Child’s Needs When the child support guidelines are inapplicable because a family’s net income exceeds the threshold of the Child Support Guidelines, a budget for the child or children must be created to specifically delineate their expenses so a court can evaluate the specific needs of the child or children.  This budget should include expenses […]

N.J.S.A. 2A:17-56.23a: A Prohibition Against the Retroactive Modification of Child Support N.J.S.A. 2A:17-56.23a prohibits the retroactive modification of a child support obligation beyond the filing date of a motion to modify the obligation. That is, this statute prevents the court from decreasing child support based on a modification that happened in the past. If an obligor finds out […]

Understanding Child Support Worksheets: Sole Parenting Worksheet Versus Shared Parenting Worksheet In New Jersey, the New Jersey Child Support Guidelines (“the guidelines”) must be used as a rebuttable presumption to establish and modify child support orders. R. 5:6A. The guidelines are a calculation performed on worksheets, which provide the Court with the appropriate level of […]

Hot Tips on Job Search Logs Down Income – “You Never Give Me Your Money” By Emily T. Mueller, Esq. If your client is the obligor, and loses their job the Court may require them to demonstrate the efforts they have made to demonstrate a diligent, good-faith effort to find employment. The log should be […]