Burlington County is the largest county in New Jersey, and home to over 450,000 residents. Overseeing all matters of law in the county is Burlington County Superior Court. Family Law is handled in the court's Family Division. This includes matters of divorce, custody, and support. Support is one of the most common issues that comes up in any family law case. Children and former spouses more often than not need some form of financial support when a family collapses. In Burlington County, there are separate processes and factors that come into play when filing for either alimony or child support. While these matters are typically filed with divorce, child support may also be requested if the parents have not married and there is no divorce involved.
In Burlington County, child support is typically handled at the stage of the custody order. When a judge considers a child support case it will be based off New Jersey's "Income Shares Model." This is basically a complex set of guidelines that takes a number of factors into account to determine what the set amount of child support should be for that particular case. The first step is to file for support using either a sole parenting worksheet, if sole or primary custody is granted, or a shared parenting worksheet, if the parents will have shared custody of the child. The court will take the net income of both parents into account when determining support, along with any potential additional expenses. The support will normally continue until a set determination date, or until one parent files for a support termination. Support termination can be discussed most easily when the child has already turned 18 years of age or has become financially independent.
Sometimes, when a family divorces, spousal support is necessary. In Burlington County, this is known as alimony. Alimony can come in one of five forms, and all are situational. Temporary alimony is typically assigned to help spouses during the process of divorce, and expires after a divorce is settled. This is typically requested from the court when proceedings begin. Limited duration alimony is granted to spouses for a temporary time post-divorce until they are able to support themselves. A judge may assign permanent alimony to spouses who have given up education and career choices to hold a long term marriage together. Rehabilitative alimony may be granted to a spouse who requests assistance with attending a rehabilitative program for substance abuse with a goal of that spouse becoming self-supporting after the program. Finally, reimbursement alimony may be assigned to spouses who have helped their former spouse through education. Burlington County weighs in a number of factors when determining whether or not to grant alimony, some of which include: duration of the marriage, the standard of living during the marriage, any wrong-doing in a "fault" divorce, the ages of the spouses, and more.
Contact a New Jersey Family Law Attorney Today
If you or a loved one is seeking child support or alimony in Burlington County, contact attorney Joseph D. Lento today.