Answers To A Few Questions About Family Law
Our attorneys recognize that family matters can be complex, but we work hard to ensure that you and your family have as smooth a transition as possible.
Below are a few questions we commonly hear from our clients:
How Much Will My Divorce Cost?
Typically, divorce attorneys require an initial retainer against which they bill for their services at their respective hourly rates. The client is responsible for payment of any legal services that exceed the initial retainer. Since the parties can finalize a divorce by entering into a written agreement, the cost of a divorce almost always depends on how quickly (and amicably) they reach that agreement. The longer it takes for the parties to reach an agreement, the more expensive the divorce will be.
How Long Will My Divorce Take?
The length of time for a divorce depends upon how quickly each party can enter into a written agreement resolving all outstanding issues between them. Once each party has signed the agreement, the divorce can proceed. If the parties cannot agree upon a resolution to those issues, the court will conduct a trial.
Can A Court Change The Amount Of Child Support After It Sets It?
You can change child support under certain conditions and in different ways. The easiest way is if both parents agree to the change, but the court must still approve it for it to be valid. If parents can’t agree, the person wanting the change needs to ask the court for a hearing. At the hearing, both sides explain their reasons for and against the change. The court usually only agrees if there has been a big change, like a parent’s income increasing due to a new marriage or job, or if the child’s needs have changed a lot. Changes in child support laws can also lead to modifications in orders.
How Is Child Custody Determined?
Child custody and parenting time issues are always determined based upon the best interest of the child. You can modify custody and parenting time arrangements at any time if circumstances change for either party or the child.
Can My Ex-Spouse Be Forced To Pay For Some Or All Of My Child’s College-Related Expenses?
Parents and their attorneys usually address most educational expense issues for child support during the divorce process. However, when there is no agreement in place, the obligation of the divorced parents to pay for their child’s college-related expenses will depend on the state. In Pennsylvania, the law deems a child emancipated once they turn 18 and graduate from high school. Once a child becomes emancipated, neither parent has any further support obligations.
In New Jersey, a child is not deemed emancipated upon his/her graduation and his/her 18th birthday if that child continues his/her schooling beyond high school. Under New Jersey law, if a child is not yet emancipated, the court can award child support to a parent that may compel the parties to contribute to that child’s post-secondary education expenses.
What Is The Purpose Of Alimony?
Alimony is a form of support paid by one spouse to the other when there is a discrepancy in the parties’ respective incomes. There are many factors taken into account by the court when determining alimony. Therefore, it is advisable to consult with an attorney regarding potential alimony obligations that may come with your divorce.
Why Would I Need A Prenuptial Agreement?
Typically, parties enter into a Prenuptial Agreement in order for one or both of the parties to protect premarital assets and/or make a predetermination regarding support and maintenance of each party in the event of a divorce. In a Prenuptial Agreement, there must be full and complete financial disclosure between the parties, and each party should have his or her own attorney review and evaluate the terms of the agreement before it is signed.
If you have further questions regarding family law matters, please do not hesitate to contact our attorneys at Wilhelm & Roemersma, P.C. online or call 908-454-3200. We will assist you in any way that we can.