Do you have a Will?  If not, the state could decide what happens to your assets, and even your children, after you are gone. When it comes to planning for the future, many people put off creating a Will either because it feels too far off, too complicated, or just too uncomfortable. But a Will is one of the most important legal documents you can have, regardless of your age, assets, or family situation and planning for it is one of the most meaningful things you can do for the people you love. A carefully crafted Will ensures that your wishes are honored and your family is protected, no matter what the future holds.

Why Is a Will so Important?   A Will is a legal document that lets you decide how your assets should be distributed after your death, who will care for your minor children, and who will carry out your final wishes. Without a valid Will in place, the state and not you, will determine how your estate is handled. That process, known as intestacy, can lead to delays, higher legal costs, and outcomes that may not reflect your true intentions.

Why Clients Choose to Plan Ahead: 

• You Decide Who Gets What
  A Will ensures your property goes to the people and causes you care about. Whether you want to leave a family heirloom to your niece or support a local charity, it’s all spelled out clearly in your Will.
• Protects Your Children’s Future
  If you have minor children, your Will is where you name a guardian. This is one of the most important decisions you’ll ever make, and leaving it to the court can have unpredictable results.
• Simplifies the Legal Process
  Probate is the court process of settling an estate. With a properly drafted Will, this process is often faster, less stressful, and more cost-effective for your loved ones.
• Avoids Conflict
  Sadly, we’ve seen how families can struggle, or even divide, without clear instructions. A Will helps minimize confusion and prevent disagreements among heirs.

Protect What Matters.   Attorney Valerie Hemhauser is passionate about helping New Jersey families gain peace of mind through effective basic estate planning. Whether you’re starting from scratch or need to update an existing Will, we are here to guide you with compassion, clarity, and legal expertise. Ready to start? Contact the Law Office of Valerie Hemhauser today to schedule a personalized Will consultation. Your peace of mind is just one conversation away.

Before jumping into the process, you need to know that the courts use the “best interests of the child” standard, which considers many factors. The goal is to ensure the child’s safety, stability, and overall well-being. Some of the factors the court looks at include:

• The child’s safety and welfare
• The parents’ ability to cooperate and communicate about the child’s needs
• The child’s relationship with each parent
• The child’s preference (depending on their age and maturity)
• The stability of the home environment
• Any history of domestic violence or abuse

To modify a custody or parenting time arrangement, there needs to be a showing of change in circumstances since the last order was issued. A simple disagreement or preference to change the schedule usually isn’t enough.

The next step is to demonstrate that something has changed. This could be a change in the parent’s living situation, health, job schedule, or the child’s needs. In some cases, it might be a significant behavioral change, such as one parent being unable to care for the child properly or there being new safety concerns, or abuse.

Once you’ve established that there has been a change in circumstances, the next step is to file a motion or application to modify custody or parenting time. The motion must be filed with the family court in the county where your divorce or custody case was originally decided. Once your motion is filed, you’ll need to serve the other parent with a copy of the motion or application. This means you formally notify them that you’re requesting a modification of the custody or parenting time arrangement. If the other parent is served, they have the right to respond, and may file their own motion or objection to your request.

However, if DCP&P is involved and abuse suggested, an application to modify custody may necessitate an emergent filing by way of an Order to Show Cause (OTSC) so that the court may expeditiously consider the requested custody relief when determining the child’s best interest. New Jersey courts take DCP&P findings seriously because they are an indication of how a parent may be affecting the child’s well-being. When a parent requests to modify custody based in whole or in part on a DCP&P finding, the court will consider the severity of the finding, along with the potential and imminent risks to the child. It is wise to have a seasoned family lawyer in New Jersey on your side during this process to ensure that the procedures set forth are correctly complied with to serve the best interests of the child. The impact on an application to modify custody in an emergent application versus a standard application can vary depending on the DCP&P classification of finding, categorized into four tiers:

A substantiated finding means that there is credible evidence that the child has been abused or neglected, and the claim is supported by facts. In this case, the court is likely to take the finding seriously, and the parent with the substantiated finding against them could face a significant change in custody or parenting time. This could include a reduction in visitation or even a transfer of custody to the other parent or another relative. Courts often make these decisions to ensure the child’s protection, especially if the child has been harmed.

An established finding is a step further than substantiated. It means that abuse or neglect has been proven beyond a reasonable doubt in a legal context. This finding can have an even greater impact on custody applications, as it strongly suggests that the child was harmed, and the parent is considered to have a history of harmful behavior. In these situations, the court is likely to be cautious about allowing the parent with the established finding to have significant custody or parenting time, and the court may adjust arrangements to protect the child.

A not established finding means that while there may have been some concerns about abuse or neglect, the evidence was insufficient to prove the claims. In these cases, the court may still review the situation but may be less likely to change custody arrangements. However, it could still influence the court’s decision if there are other factors at play or if there are concerns about the child’s ongoing safety. Even if abuse or neglect wasn’t proven, the court could still make adjustments based on other circumstances, such as the child’s current living conditions or the parents’ behavior.

An unfounded finding means that the allegations of abuse or neglect were determined to be false or without merit. In this case, the court will likely not consider the finding to be relevant to the custody modification request. The parent with the unfounded finding would probably not face any negative consequences regarding custody, as the court would generally view the allegations as baseless. However, if there are other factors or reasons for seeking custody modification, the court will look at those independently.

If a parent wants to modify custody based on a DCP&P finding, they will typically have to show changed circumstances in the context of that finding. For example, if a parent has been found to have abused or neglected a child, and the court determines the child is no longer safe in that parent’s care, the requesting parent can ask for custody modification. On the other hand, if the finding is less severe, like not established or unfounded, it may be harder for the requesting party to prove that a change in custody is necessary.

An exception to the usual motion to modify child custody practice and service requirements is when an emergent application, also known as an Order to Show Cause (OTSC), is made necessary due to the severity of the matter and imminency of potential harm to the child. In the case of an OTSC, the court will hear the matter expeditiously even without service on the other parent if necessary. If the court is convinced that there is legitimate potential for imminent harm to the child an order will be entered immediately transferring custody on a temporary basis and another date set for a full hearing with both parents to determine whether a permanent change in custody is warranted to serve the best interests of the child.

When using the OTSC procedure in a family law matter, it is essential to understand how the Crowe v. DeGioia case law applies to family law cases in New Jersey. Family law issues, such as custody disputes and domestic violence often involve urgent situations where an OTSC may be appropriate. The Crowe v. DeGioia decision (90 N.J. 126, 1982) is important because it sets the standard for when a court may issue an OTSC. Family law cases, particularly custody modifications involving emergency relief after a DCP&P finding often require expedited judicial intervention. Here’s how the Crowe decision affects emergent applications to modify custody:

Emergent Need for Relief

Family law matters often involve time-sensitive issues. For example, if there is a request for emergency child custody or temporary restraining orders (TRO) for domestic violence, the court must assess whether immediate intervention is necessary to prevent harm or hardship. Crowe stresses that an OTSC can only be issued when the party shows an emergent need that requires immediate attention. Involvement by DCP&P may support the request for emergent relief.

Likelihood of Success on the Merits

A reasonable likelihood of success on the merits of the underlying legal issue must be established. For example, evidence must be presented to suggest that the plaintiff is likely to succeed in obtaining the relief requested. This doesn’t require the proof to be definitive, but the request should be plausible.

Serious Harm or Injustice

This could mean preventing further harm to a child and that without immediate modification of custody, the child would suffer serious harm or that justice would not be served.

Specificity of the Request

The application must detail the specific relief sought. Whether it is an emergency child custody order or a TRO in a domestic violence case, the request must be clear and well-supported by facts and legal arguments. The more specific the request, the better chance of obtaining the desired temporary relief pending further hearings. The court will usually defer to the DCP&P findings and recommendation when considering the relief sought.

Temporary Relief

The OTSC is a procedure that allows for temporary relief until a full hearing can take place.
Final thoughts when filing a Custody Modification Application in New Jersey:

• The child’s best interests are always the priority: The court wants what’s best for the child, not necessarily what either parent prefers.
• It can take time: Absent an emergent OTSC hearing, court cases involving custody and parenting time can be lengthy.
• Avoid filing a motion without a real change: Courts can be reluctant to modify custody arrangements unless there’s a clear, substantial reason for it. Having DCP&P involved may serve to expedite a custody modification application and provide additional evidence to support the requested relief.

To address the challenges of enforcing child support orders when parents live in different states, the Uniform Interstate Family Support Act (UIFSA) was enacted in 1992 by the National Conference of Commissioners on Uniform State Laws (NCCUSL) to address this issue. Prior to UIFSA, the Uniform Reciprocal Enforcement of Support Act (URESA) was used, but it often led to complications due to conflicting state laws and jurisdictional issues. UIFSA was introduced to streamline the process of child support enforcement across state lines, providing a more efficient and unified approach to interstate support cases.

The act was designed to simplify the enforcement of child support by establishing clear rules for determining which state has jurisdiction over a child support case. It also ensures that child support orders issued in one state are recognized and enforceable in other states, overcoming the barriers that URESA faced. UIFSA promotes cooperation between states by creating uniform guidelines for the establishment, modification, and enforcement of child support orders.

Today, UIFSA continues to serve as the foundational law for interstate child support enforcement in New Jersey and across the U.S., ensuring that children receive the financial support they are entitled to, regardless of the states in which their parents live. It has become a critical tool in addressing the complexities of interstate child support and ensuring the financial well-being of children nationwide.

Notwithstanding, obstacles to the enforcement of child support continue to exist:

Nonpayment and Delinquent Child Support

Despite clear legal obligations, many noncustodial parents fail to make regular payments or fall behind on their child support obligations. Factors contributing to this may include Financial hardship due to job loss, underemployment, or instability. Or, intentional evasion, where parents work under the table or hide their income.

The New Jersey Child Support Program with the cooperation of UIFSA can use measures such as wage garnishment, tax refund intercepts, and driver’s license suspension to collect overdue payments. However, these enforcement actions can be slow, and sometimes ineffective, especially if the noncustodial parent is self-employed or avoiding detection.

Locating Noncustodial Parents

Tracking down a noncustodial parent is another major hurdle for child support enforcement. Noncustodial parents who: Work off the books, or Change jobs frequently, or Relocate frequently or hide their address make it difficult for authorities to identify their income and ensure payments. The New Jersey Child Support Program relies on cooperation from employers and financial institutions to garnish wages, but when parents actively avoid detection, enforcement efforts face delays and complications.

Inefficient or Inconsistent Enforcement

Several mechanisms are in place for enforcing child support, but the effectiveness of these measures can vary. These enforcement actions, such as income withholding, property liens, or driver’s license suspension, may not be successful if the noncustodial parent has few assets or doesn’t need their driver’s license.

New Jersey County-level inconsistencies can also hinder enforcement. Different counties have varying resources and approaches to handling delinquent child support, leading to disparities in enforcement. As a result, custodial parents in some areas may struggle more than others to collect support.

Complex Legal Processes for Modifications and Enforcement

The legal process for enforcing or modifying a child support order can also present obstacles. Noncustodial parents can file motions to reduce their payments or contest support orders, creating delays and legal battles that complicate enforcement. Even legitimate requests for modifications based on life changes, such as job loss, must go through the court system, which can be slow. Additionally, custodial parents may face challenges navigating the legal system, especially without legal counsel. This lack of access to legal resources can prolong the process and delay the financial support that children need.

Life Changes and Support Modifications

Changes in either parent’s financial situation or life circumstances can affect the ability to make regular child support payments. For example: a job loss or health issues might reduce a noncustodial parent’s income. Or, relocation or changes in the child’s needs could require modifications to the support agreement. While most states allow for modifications of child support orders, the process can be lengthy and difficult for parents to manage, leaving many children without adequate support.

Lack of Communication Between Co-Parents

Effective child support enforcement often depends on clear communication between parents. However, many custodial parents avoid pursuing enforcement out of fear of damaging their relationship with the noncustodial parent. This lack of cooperation can lead to informal agreements that lack the legal backing needed to enforce support orders.

Changes in Child Support Laws and Policy

Changes in state or federal laws can also affect child support enforcement. As the laws evolve, custodial parents and child support agencies must stay up to date with any changes to avoid errors in enforcement.

Solutions to Improve Child Support Enforcement in New Jersey

To address these obstacles, New Jersey could take several steps to improve the child support enforcement system:

• Enhanced tracking tools: Investing in technology that helps locate noncustodial parents who work off the books or are evasive could make a significant difference in tracking down delinquent payments.
• Streamlining legal processes: Reducing the complexity and time it takes to modify or enforce child support orders would help custodial parents receive timely payments for their children.
• More consistent enforcement across counties: Ensuring that all counties have the necessary resources to pursue delinquent parents and implement effective enforcement measures could make the system more equitable.
• Increasing education and resources: Providing more accessible resources and legal aid for custodial parents can empower them to pursue enforcement more effectively.

Ensuring Financial Support for Children in New Jersey

While New Jersey has a well-established child support system, backed by national legislation such as the UIFSA, enforcement remains a challenge due to a variety of factors, including nonpayment, difficulties tracking down noncustodial parents, inconsistent enforcement measures, and legal complexities. For the system to work more effectively, improvements to tracking, streamlining legal processes, and equal enforcement across all counties and interstates is necessary.

One common misconception is that a brief hiatus from full-time college enrollment automatically qualifies a child for emancipation. This is not the case under New Jersey law. Emancipation is a fact-sensitive matter that requires careful evaluation of the circumstances. Temporary situations, like a child attending school part-time, i.e. taking less than 12 credits per semester, due to financial constraints, do not in themselves meet the legal requirements for emancipation.

Emancipation in New Jersey: Legal Standards

The courts in New Jersey have outlined several criteria to determine whether a minor has reached emancipation. The most important of these criteria include financial independence, living independently, and achieving sustained maturity.

1. Financial Independence: One of the most critical factors in determining emancipation is whether the minor is financially self-sufficient. A part-time college status, especially if it results from financial necessity, does not automatically mean the child is financially independent. Courts require clear evidence that the child is fully supporting themselves, covering all necessary expenses like tuition, housing, food, and other daily needs without parental assistance. A temporary or part-time college status, such as when a child works part-time or takes a break from school to save money, does not meet the threshold for financial independence unless there is proof of full self-support.
2. Living Independently: Emancipation also requires that the child is living independently, meaning they are not reliant on their parents or guardians for housing, food, or other basic needs. If a child is living at home or still receiving substantial support from their parents while attending school part-time, they do not meet the legal criteria for emancipation. Courts have emphasized that mere enrollment in college or a part-time academic status does not necessarily signal independence. A child must have demonstrated a sustained ability to live and support themselves without reliance on parental support.
3. Temporary Nature of Status and Maturity: In cases where a child temporarily attends college part-time due to financial constraints, this is seen as a temporary status and does not demonstrate permanent maturity or independence. Courts will consider the child’s long-term financial status and self-sufficiency, not just their current academic situation. For example, if a child takes a break from full-time school to work or save money, this is not automatically considered an emancipation event, unless the child has shown consistent, long-term independence.

The New Jersey courts have addressed similar situations where children attend school part-time or take breaks in their studies. In these cases, courts have made it clear that a “brief hiatus” or part-time enrollment does not qualify as emancipation. For example, a child who takes a 1½-year break from full-time college enrollment to work full-time and save money for future education has not been found to be emancipated, as the hiatus is considered temporary. Similarly, when a child interrupts their full-time studies for three years to save money for post-graduate education, this too was determined not to be grounds for emancipation.

Why a “Brief Hiatus” Does Not Equal Emancipation

A brief hiatus from full-time enrollment, especially if it is necessitated by financial pressures, is not sufficient to conclude that a child has reached emancipation. In many cases, a temporary part-time student status reflects financial realities rather than the child’s readiness for complete independence. Courts understand that students often work part-time or take breaks from their studies to manage financial constraints, but this does not constitute the kind of enduring independence necessary for emancipation.

For example, in cases where a child might take time off from school to work and save money for a more affordable education, the courts usually will not automatically grant emancipation. The situation is viewed as a temporary measure to reach a long-term goal of completing a degree. The fact that a child may be working to fund education and does not demonstrate permanent independence or self-support that would justify emancipation under New Jersey law.

Emancipation Requires More Than Temporary Circumstances

Emancipation in New Jersey is a serious legal status that involves the complete conclusion of the parent-child dependent relationship. The decision is based on a careful review of the minor’s financial independence, ability to live independently, and maturity level. Temporary situations, such as part-time enrollment in college or a “brief hiatus” from any enrollment in college due to financial needs, does not automatically qualify a child for emancipation. Instead, the courts focus on a sustained demonstration of independence, which involves financial self-sufficiency and living without the need for parental support. Temporary educational interruptions are not sufficient by themselves to meet the legal criteria for emancipation.

If you are considering emancipation for your child or believe that emancipation might be necessary in your situation, it is essential to consult with a family law attorney to fully understand the legal criteria and process involved.