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“ASK CASSIE”

Dear Cassie: How does the court resolve a custody dispute? -L.K. Dear L.K.: In determining custody of a child, a court is always controlled by the child’s best interests. New Jersey has a custody statute, N.J.S.A. 9:2-4, which identifies several factors a court shall consider when evaluating what custody arrangements are in a child’s best […]

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“ASK CASSIE”

Dear Cassie: I am divorced and have primary residential custody of our children. Our children are in the third and first grade. Given some educational concerns that I have, I want to enroll our children in private school next year (they are now in public school). My ex-husband doesn’t agree. He hasn’t really involved himself

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Dear Cassie: Are gifts that I receive from my parents during my marriage going to be subject to division between my spouse and me if we divorce? -T.B. Dear T.B.: As with most topics in family law–it depends! The general rule of thumb is that gifts received from a third party by either spouse during

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Dear Cassie: My daughter is in the process of divorcing. Her two children (aged 11 and 8) are very attached to her, and she is worried the children will be hesitant to go with their father for parenting time, especially on overnights. What are the New Jersey laws about enforcing visitation if children don’t want

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Dear Cassie: I’ve heard of the child support guidelines, but I don’t really understand how they work. My husband makes a lot of money. If I have custody of our children in the divorce, will I receive child support pursuant to the child support guidelines? -C.C. Dear C.C.: The Child Support Guidelines is, in essence,

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Dear Cassie: I am in the process of going through a divorce. My wife and I have two children. Our children have usually played recreational sports through our town. However, now our son wants to join a travel league. This is going to be much more expensive, and I’m concerned about the impact it will

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Dear Cassie: I just found out that my spouse sent a subpoena for my medical records. Is he allowed to do this? -P.P. Dear P.P.: When a divorce is pending, parties to a divorce can seek records – also called “discovery” – which are relevant to the divorce matter. The issuance of a subpoena is

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Dear Cassie: Am I entitled to receive a copy of my children’s medical and academic records from my ex-spouse? -V.P. Dear V.P.: If your Matrimonial Settlement Agreement or Judgment of Divorce identifies you and your ex-spouse as joint legal custodians of your children, you are entitled to not only a copy of your children’s medical

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Dear Cassie: My wife had an affair, and now that we are divorcing, she wants alimony from me! Do I have to pay her alimony? -B.P. Dear B.P.: New Jersey is a “no fault” state. What that means is that “fault” is not required to be able to get divorced. It is also not a

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Dear Cassie: Is New Jersey a “community property” state? -V.H. Dear V.H.:  No.  New Jersey is an equitable distribution state. Different states have differing laws in terms of how property is divided in the event of divorce. “Community property” is the legal system used in certain states whereby each spouse is presumed to have an

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