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Frequently Asked Questions
Family Law Q&As
Child support is usually calculated based on the income of the non-custodial parent and the number of children they must support. Each state has specific guidelines to calculate child support, and the court considers factors such as the child’s needs and the parents’ financial resources.
There is no set age at which a child can decide which parent to live with. However, the court may consider the child’s preferences when making custody decisions, particularly if the child is mature enough to express a reasoned preference. The court will also consider a number of other factors, such as the child’s age, health, and safety, and the parents’ ability to provide for the child’s needs.
In New Jersey, a parent with joint custody of a child cannot move more than 50 miles away from their current residence without the other parent’s consent or a court order. If the move is contested, the court will consider a few factors, including the reasons for the move, the impact on the child’s relationship with both parents, and the feasibility of continuing the current custody arrangement.
The cost of a divorce in New Jersey can vary greatly depending on several factors, such as whether the divorce is contested or uncontested, the complexity of the issues involved, and the attorney’s fees. The average cost of a contested divorce in New Jersey can range from $15,000 to $30,000 or more.
The cost of a divorce is typically paid by both parties, either through negotiation or court order. Each party is responsible for paying their own attorney’s fees and costs, and they may also be required to contribute to the other party’s fees and costs, depending on their respective financial circumstances.
Alimony, also known as spousal support or maintenance, is a payment made by one spouse to the other after a divorce to support them financially. It is typically awarded to the spouse who earns less money or has been financially dependent on the other spouse during the marriage.
There is no specific requirement for the length of a marriage to receive alimony. Instead, the court considers several factors, including the length of the marriage, the age and health of the parties, their respective incomes and earning capacities, and the standard of living established during the marriage, to determine whether alimony is appropriate and the amount and duration of any award.
A prenuptial agreement, or prenup, is a legal document that outlines how assets and debts will be divided in case of divorce or separation. It is commonly used by couples who want to protect their individual assets, businesses, and financial interests before getting married.
A family law attorney can provide legal guidance and representation in family law matters such as divorce, child custody, adoption, and domestic violence. They can help you understand your legal rights, negotiate settlements, and advocate for your interests in court if necessary.
Every case is different, and we tailor our retainer fees to the individual circumstances. During your free consultation the lawyer you consult with will give a retainer fee. In most cases this isn’t a flat fee (except estate planning) but will represent the time spent at that attorney’s hourly rate and that of staff. All of these things will be explained and will be contained in the retainer agreement you will be able to review and we both sign prior to entering into the lawyer/client relationship.
Elder Law Q&As
If you suspect nursing home abuse of a family member, you should report it immediately to the police and/or the appropriate state agency. You will also want to contact an attorney who specializes in elder law to discuss your legal options as soon as possible.
In New Jersey, a living will must be in writing, signed by the person making the living will (known as the “declarant”), and witnessed by two people who are not related to the declarant and who will not inherit anything from the declarant. The declarant must also be of sound mind and at least 18 years old.
Power of Attorney is a legal document that gives someone else (known as an “agent” or “attorney-in-fact”) the authority to act on your behalf. This can include making financial decisions, signing legal documents, and managing your affairs if you become unable to do so yourself.
Probate is the legal process of administering a deceased person’s estate. In New Jersey, the probate court oversees the process, which includes identifying and valuing the decedent’s assets, paying any debts or taxes owed, and distributing the remaining assets to the heirs or beneficiaries.
Custody refers to the legal right to make decisions about a child’s upbringing, while guardianship refers to the legal right to make decisions about the care and well-being of someone who is incapacitated or unable to care for themselves. Generally, custody is awarded in cases involving minor children, while guardianship is used for adults.
To obtain guardianship of a disabled adult in New Jersey, you must file a petition with the court and attend a hearing. The court will consider factors such as the person’s capacity, their wishes and preferences, and the qualifications of the proposed guardian before making a decision. It’s important to work with an attorney who specializes in guardianship law to ensure that the process is handled correctly.
Working with Our Firm Q&As
Prior to a free consultation, if there is paperwork to be reviewed please email it. Our attorneys will discuss with you the merits and concerns surrounding your matter, suggest a basic plan for resolution and provide a quote for initial fees in the form of a retainer. We will answer basic questions about your matter.
A retainer is an initial payment, like a “bank account” from which the hourly rate of attorneys and staff and expenses are withdrawn as used. In the event that you do not use the whole amount, what’s left is returned to you at the conclusion of your matter. If your matter requires more time, you will be required to pay additional funds. Unlike many firms, we give a monthly statement of your bill so you always know where you stand
Calls, emails, or texts to you, opposing counsel or the court about your matter, working on paperwork and research about your legal matter, appearances in court, filing fees, postage and expenses. Opening and closing your matter.
Billing statements, unless you require them to be mailed in the regular mail. Billing calls. Per copy fees, although large jobs (over 1000 pages) may be billed. Non-legal matter work (such as a friendly follow up, not a specific follow up on documentation, etc.).
We pride ourselves on someone returning your call or email within one business day, although there are rare occasions such as holidays or vacations where they might be a slight delay.