Bernards Ridge Edition Sept/Oct/Nov 2019

SEPT/OCT/NOV 2019 THE BERNARDS-RIDGE CONNECTION PAGE 13 Divorce Lawyers Dedicated Solely to New Jersey Family Law A firm devoted solely to practicing family law, Shimalla,Wechsler, Lepp & D’Onofrio, LLP, provides exceptional services through both litigation and alternative dispute resolution.We will defend your rights and best interests at every stage of the process, and seek solutions through an intelligent and practical approach to divorce. Dependable Legal Guidance Tailored to Your Needs and Focused on Results Our lawyers provide practical guidance, advice, and recommendations to help our clients establish realistic objectives and understand the various legal options at their disposal. Our attorneys focus on: • Dissolutions of marriage, civil unions, and domestic partnerships • Child custody, parenting time, and child support • Alimony, palimony, and spousal support • Equitable distribution of assets and liabilities • Post-Judgment Matters • Domestic violence Litigation and Alternative Dispute Resolution Our attorneys understand that divorce affects every family differently.We will take the time to understand your unique circumstances and devise legal solutions tailored to suit the needs of your family. In all cases, our lawyers will explain the avenues of mediation, arbitration, and collaborative law as non-adversarial alternatives to taking a case to court.When litigation in the courts is the appropriate option, we use our extensive experience and skills to take proactive and decisive action on your behalf. Our firm takes pride in providing results-driven legal services for our clients and we remain dedicated to your best interests throughout the process. All four of our partners are trained in mediation and collaborative family law. In addition, our firm received a First Tier ranking in New Jersey Family Law by U.S. News &World Report – Best Lawyers ® for the Ninth Edition of Best Law Firms*, and three of our partners are certified by the Supreme Court of New Jersey as Certified Matrimonial Law Attorneys. We are committed to providing superior legal representation that yields favorable results in an efficient and timely manner, while helping to reduce the emotional and financial toll on the family, and focusing on your specific goals to help you build a brighter future. High-Quality Family Law Solutions Backed by 110 Years of Experience Shimalla,Wechsler, Lepp & D’Onofrio, LLP 101 Town Center, Suite 117,Warren, NJ 07059 (908) 922-4238 info@swldfamilylaw.com • www.swldfamilylaw.com Serving clients in most NJ counties including, but not limited to, Somerset, Hunterdon, Middlesex, Union & Morris counties. *Best Lawyers® inclusion is based entirely on peer-review. Information on the selection process can be found at http://bestlawfirms.usnews.com/methodology.aspx. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. BEST Heidi Ann Lepp Amy Zylman Shimalla AmyWechsler Michele E. D’Onofrio Sarah Mahony Eaton In many states, child support ends when a child turns age 18. Not so in New Jersey, where there is no clear cut-off age for when a child is emancipated and child sup- port ends. Children here are not consid- ered emancipated until they are able to live on their own and are no longer “in the sphere of influence” of one or both par- ents. Absent exceptional circumstances, a child who graduates from high school, does not plan to continue his or her educa- tion, and is capable of working is consid- ered to be emancipated, even if that child is still living with a parent. Laws about child support apply to families in which parents are divorced or separated – not to intact families. Support for une- mancipated children of divorced or separat- ed parents is generally governed by the New Jersey Child Support Guidelines, which provide a multi-step formula to cal- culate the required amounts. That formula is based on each parent’s income, how much time the child lives with each parent, the number of children in the family, and whether other expenses, such as day care and health insurance should be included in the calculation. These guidelines are a “pre- sumption,” which means they apply in most cases but they are not absolute. A parent seeking child support that is either higher or lower than what the guidelines provide can present evidence of unusual circumstances that might warrant a devia- tion from the guideline calculation. For high income families, child support is usual- ly higher than the guidelines amounts, and involves a detailed analysis of the family’s life style and the child’s needs. New Jersey is different from most states in that divorced or separated parents continue to have an obligation to support a child who, after graduating from high school, attends college, technical school or other educational institution. Full-time atten- dance at college or at another post-high school education institution usually defers emancipation until the child graduates, fails or quits school. The New Jersey Child Sup- port Guidelines, however, no longer apply. Instead, for these families, the support cal- culation requires a case-by-case analysis of each family’s financial circumstances in order to determine how much support is needed, and how much each parent must contribute to that support. Moreover, in addition to requiring parents to continue supporting college-bound chil- dren by providing basic support to address shelter, transportation and personal expenses, New Jersey law can require par- ents to contribute to a child’s college expenses. The amount of support, and the amount of each parent’s contributions to college expenses, are based on an analysis of many factors, including each parent’s income and ability to pay, the contributions each parent is making to the child’s higher education expenses, the child’s own resources, any financial aid that has been awarded, the child’s academic perform- ance, and the child’s relationship with each parent. Because strict formulas do not apply to unemancipated children after high school, parents who cannot agree to the amount of support may need a Judge to decide what they should pay. To avoid litigating this issue and facing a process that will exhaust family resources, couples should consider addressing support through nego- tiation, Mediation or other process, to exchange financial information and create support arrangements tailored to fairly meet the needs of the children and of each parent’s household. ARE YOU STILL RESPONSIBLE TO PAY CHILD SUPPORT FOR YOUR HIGH SCHOOL GRADUATE? By: Amy Wechsler, Esq. theconnectionsnj.com