Laemers, Murphy & Neggia, LLC Laemers, Murphy & Neggia, LLC 2026-10-19T17:03:31Z https://www.laemerslaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1504409/2020/03/cropped-ID-32x32.jpg On Behalf of Laemers, Murphy & Neggia, LLC <![CDATA[Can a parent convicted of crime gain child custody?]]> https://www.laemerslaw.com/?p=47783 2026-10-19T17:03:31Z 2026-10-19T17:03:31Z Can a parent rebuild their custody case? New Jersey courts consider the child's best interests when deciding custody arrangements. A parent's criminal history may affect that assessment, depending on the offense and its impact on the child. A parent can strengthen their position by taking practical steps, such as:
  • Completing rehabilitation: Finishing court-ordered programs, counseling or substance abuse treatment can demonstrate efforts to address past conduct.
  • Maintaining stability: Providing evidence of suitable housing, reliable income and a consistent daily routine can help establish readiness to care for the child.
  • Building a parenting record: Attending scheduled parenting time, meeting the child's needs and following existing court orders can demonstrate responsibility.
These steps do not guarantee custody, but they may help show that circumstances have changed.

What evidence can support a custody request?

A parent should gather relevant documents showing rehabilitation, compliance with sentencing conditions and continued involvement in the child's life. Character references may also help when they provide specific, credible information about the parent's conduct. The nature of the conviction matters. New Jersey law imposes special restrictions on custody and visitation for certain offenses, including sexual assault, criminal sexual contact and endangering a child's welfare. It is wise for a parent to consult a legal practitioner experienced in family law to assess applicable restrictions and determine whether a custody modification or parenting-time request is appropriate based on their unique circumstances.]]> On Behalf of Laemers, Murphy & Neggia, LLC <![CDATA[Is child support only for biological children?]]> https://www.laemerslaw.com/?p=47781 2026-10-02T20:12:32Z 2026-10-02T20:12:32Z Child support is not limited to children who share a biological relationship with the person paying support. The key issue is whether the person has a legal parental relationship or support obligation toward the child. New Jersey law recognizes that adoption can create the same parental rights and responsibilities as if the child had been born to the adopting parent.  This distinction matters because families do not always consist of two biological parents and their children. Adoption, remarriage and other family arrangements can create legal relationships that affect who may be responsible for a child's financial needs. 

When can a non-biological parent owe child support?

An adopted child has the same legal relationship with an adoptive parent as a biological child. This means an adoptive parent may have a legal duty to provide financial support even without a biological connection.  A stepparent's situation can be more complicated. Under New Jersey's Child Support Guidelines, a stepchild is not treated as the stepparent's legal dependent unless a court has determined that the stepparent has a legal responsibility for that child.  New Jersey courts have also recognized circumstances in which a stepparent may become responsible for supporting a child when their conduct establishes a legal basis for that obligation. These cases depend heavily on the facts and the nature of the relationship.

What determines a child support obligation?

Courts consider several factors when determining support, such as: Therefore, while biological parentage is important, it is not the only consideration. If you are uncertain whether a parent, adoptive parent or stepparent has a support obligation, obtaining legal support can help clarify the rights and responsibilities involved. ]]> On Behalf of Laemers, Murphy & Neggia, LLC <![CDATA[4 signs mediation may be right for you]]> https://www.laemerslaw.com/?p=47777 2026-09-18T22:50:53Z 2026-09-18T22:50:53Z Divorcing your spouse doesn't necessarily mean a courtroom battle. Some couples find divorce mediation offers a more cooperative way to resolve important issues and move forward. Instead of having a judge decide every issue, mediation lets spouses negotiate an agreement with the help of a neutral third party (mediator). While divorce mediation may not be right for everyone, certain circumstances can make it a viable option for your situation.

1. You and your spouse are willing to communicate

Successful mediation requires both spouses to participate in the process. You don't have to agree on everything, but you need to be willing to listen, communicate and negotiate. A mediator can help keep discussions focused and productive. The primary goal of mediation is to identify areas of disagreement and work toward mutually acceptable solutions rather than allowing the court to make all the decisions.

2. You want more control over the outcome

No two families are the same, so there is no one-size-fits-all solution. In a litigated divorce, a judge may decide unresolved disputes without knowing your family's unique needs. Mediation gives spouses more opportunity to develop their own solutions that work for their family.

3. You want to reduce conflict

Divorces can be stressful, so why add unnecessary conflict? If you and your spouse want to resolve your differences without an adversarial court battle, mediation may be a good alternative.

4. You have children and want to focus on co-parenting

If you and your spouse have children, your relationship doesn't end just because you are divorcing. Co-parents need to keep communicating about the children's schedules, education, activities and other important decisions for years to come. Mediation can allow parents to work together on parenting-related issues and develop a child-focused parenting plan. Developing these arrangements together may also help establish good communication habits that can be useful long after the divorce is finalized. If you are considering divorce, you don't have to choose fighting over every issue in court. A legal professional can explain the mediation process, help you determine whether it fits your circumstances and give you a better understanding of your rights and options.]]> On Behalf of Laemers, Murphy & Neggia, LLC <![CDATA[Does child support cover private school and activities?]]> https://www.laemerslaw.com/?p=47774 2026-09-07T11:55:12Z 2026-09-07T11:55:12Z Is private school tuition included in child support? New Jersey’s Child Support Guidelines do not include private, parochial or other school tuition in the basic child support schedules. Instead, tuition may be treated as a supplemental expense. Existing agreements are equally crucial. For example, a 2026 New Jersey appellate decision addressed parents whose marital settlement agreement required joint educational decisions and prohibited either parent from financially obligating the other without agreement. The court concluded that one parent could not unilaterally enroll the child in private school and then require the other to contribute contrary to those terms.

What about sports and other activities?

The rules for extracurricular activities are different. New Jersey’s guidelines include many ordinary entertainment and recreational expenses within basic support. These can include sports, lessons, hobbies, recreational activities and related equipment. However, unusually large or nonrecurring expenses may require separate consideration. A recent appellate decision emphasized the need to differentiate ordinary extracurricular costs included in child support from extraordinary expenses that fall outside the basic award.

Who should pay when parents disagree?

A disagreement over a $50 activity fee is very different from a dispute involving thousands of dollars in annual tuition or competitive sports expenses. Before committing to a major expense or refusing to contribute, it’s important to review one’s existing child support and custody orders carefully. A legal team can evaluate those documents and explain whether a particular expense is addressed in enforceable ways or may require additional contributions from a willing parent.]]> On Behalf of Laemers, Murphy & Neggia, LLC <![CDATA[How courts treat volatile parents when they divorce]]> https://www.laemerslaw.com/?p=47773 2026-08-22T13:42:34Z 2026-08-22T13:42:34Z The court focuses on the children's best interests A contentious divorce does not automatically make either parent unfit. Judges understand that separation can involve many emotional reactions. What matters more is whether a parent's behavior creates a pattern that threatens a child's physical safety, emotional well-being or stability. Courts may consider factors such as:
  • Each parent's conduct
  • The child's relationship with each parent
  • Caregiving history
  • The stability of each household
  • Any history of abuse or neglect
The difference between ordinary marital conflict and harmful conduct can be significant. Two parents who occasionally argue are in a very different position from parents who repeatedly scream at each other during custody exchanges, make threats, damage property, involve the children in disputes or become physically aggressive.

Children should not become part of the fight

One of the greatest concerns in a high-conflict divorce is that children can become absorbed into a dispute they did not create. A child should not have to determine which parent is telling the truth, report on what happens in the other household or feel responsible for keeping one parent happy. Courts handling these cases generally seek an arrangement that protects the child's safety while providing as much consistency and healthy parental involvement as the circumstances permit. Thankfully, a legal practitioner with experience in family law can evaluate specific conduct at issue and the applicable custody standards – in order to craft a reasonable way forward – when a volatile co-parenting situation needs to be addressed.]]> On Behalf of Laemers, Murphy & Neggia, LLC <![CDATA[Limited parenting time doesn’t have to limit school involvement]]> https://www.laemerslaw.com/?p=47769 2026-08-02T14:50:59Z 2026-08-02T14:50:59Z Meet the adults who will be guiding your child at school If you can, introduce yourself to your child’s teacher(s), coaches, extracurricular advisors and counselors as early as possible. If you can’t do it in person, see if you can schedule video calls or at least communicate via text or email. Be sure they have your phone number and other contact information. Let them know that you want to be included on all communications regarding your child.

Be sure the school has your current information

Teachers and others can be hesitant about contacting divorced parents if they aren’t certain about the custody arrangements. That’s why it’s crucial that the school administrators have all the information they need to include you in parent-teacher conferences (even if you can only be there virtually) and school events as well as any communications regarding assignments, grades and disciplinary matters. Often, there’s an online parent portal you can access to get information.

Talk with your child about school

It’s important for your child to know that you’re interested in what’s going on at school and how they’re doing. Focus on the positive as well as any areas where may need to improve. Children typically do better in school when both parents are interested and involved It can help for you and your co-parent to codify your responsibilities to your child and each other regarding school in your parenting plan. Having experienced legal guidance will help you create or modify your plan to help ensure that you are able to provide consistent support without preventable complications and misunderstandings inspiring unnecessary tension.]]> On Behalf of Laemers, Murphy & Neggia, LLC <![CDATA[Fairly addressing credit card debt during divorce]]> https://www.laemerslaw.com/?p=47768 2026-07-20T23:44:57Z 2026-07-20T23:44:57Z Evaluating debts carefully In some cases, spouses may have entered the marriage with pre-existing financial obligations. Those debts may remain their separate responsibility if they divorce. Most of the time, debts taken on during a marriage are part of the marital estate, even if the financial account is only in the name of one spouse. However, there are sometimes exceptions to this rule. If either spouse intentionally hid their financial behaviors from the other and accrued debt while engaging in behaviors that damage the marital relationship, such as funding substance abuse, gambling or conducting an affair, the courts may agree that those debts constitute dissipation of marital property and may not necessarily be part of the marital estate. Similarly, excessive spending in the weeks leading up to a divorce filing or immediately after a divorce filing could also constitute dissipation. Divorcing individuals often need financial guidance as they review financial records to determine what assets and debts are divisible. Consulting with a lawyer familiar with the laws and prior rulings that influence financial determinations during divorce can help people identify what debts they may need to help pay and what debts they can exclude from the property division process.]]> On Behalf of Laemers, Murphy & Neggia, LLC <![CDATA[Do you and your co-parent need a shared expense tracker?]]> https://www.laemerslaw.com/?p=47767 2026-07-07T20:10:19Z 2026-07-07T20:10:19Z Co-parenting requires much more than coordinating parenting time. Parents often also share responsibility for many child-related expenses, including medical bills, school supplies, extracurricular activities, clothing and childcare.  When reimbursement requests are handled through text messages, emails or handwritten notes, misunderstandings can quickly arise. Using a shared expense tracker can help keep everyone organized and reduce any risks of unnecessary conflict.

Why make this effort?

A centralized system allows both parents to record expenses, upload receipts and monitor reimbursement requests in one place. Instead of searching through months of text messages to determine whether an expense was paid, both parents have access to the same information. This transparency can reduce disagreements and encourage greater accountability. One popular option is OurFamilyWizard, a co-parenting platform designed to help parents communicate and manage shared responsibilities. In addition to its messaging and scheduling features, the platform includes an expense log where parents can document child-related costs, attach receipts, allocate payment responsibilities and track reimbursements.  A shared expense tracker is often particularly useful when parenting plans require parents to divide uninsured medical expenses, extracurricular fees, school costs or other agreed-upon expenditures. Rather than relying on memory, each expense can be documented as it occurs, creating a clear record for both households. Using a shared tracking system may also reduce the emotional tension that sometimes accompanies reimbursement requests. Instead of repeatedly asking whether a payment has been made, parents can simply review the shared records.  When financial expectations are clear, co-parenting often becomes more productive. Organized recordkeeping helps reduce misunderstandings, encourages timely reimbursements and allows parents to devote more energy to supporting their children instead of resolving accounting disputes.]]> On Behalf of Laemers, Murphy & Neggia, LLC <![CDATA[Domestic violence victims: Contacting an attorney safely ]]> https://www.laemerslaw.com/?p=47766 2026-06-25T14:29:44Z 2026-06-25T14:29:44Z For many victims of domestic violence, contacting an attorney is an important step toward protecting themselves and their children. Unfortunately, it can also be a difficult step when an abusive partner closely monitors phone calls, text messages, emails, social media accounts or internet activity. Thinking about safety before reaching out for legal help can reduce the risk of retaliation and help preserve privacy. To that end, if you are in danger, make sure that you wipe your browser’s history after reading this post. 

Reaching out safely

If possible, use a device to make contact that an abusive person cannot access. A trusted friend's phone, a work computer, a public library computer or another secure device may provide a safer way to research attorneys and schedule consultations. Be aware that shared devices may store browsing history, saved passwords and other information that could reveal your plans. Also, don’t overlook location-sharing services. Smartphones, vehicle apps, family tracking applications and social media platforms may disclose a person's whereabouts. Reviewing privacy settings and disabling unnecessary location sharing can help reduce the risk of being monitored. Consider creating a new email account that the abusive individual at issue does not know about. Use a strong password and avoid saving login information on shared devices. When communicating with an attorney, let the law firm know the safest way to contact you and whether voicemail messages, text messages or emails are safe to send. Some victims choose to contact an attorney while the other party is at work, traveling or otherwise unable to monitor their activities. Others prefer to arrange meetings in locations that will not raise suspicion. Most importantly, do not take unnecessary risks. Every domestic violence situation is different, and what is safe for one person may not be safe for another. Seeking legal guidance is important, but only when done so safely. ]]> On Behalf of Laemers, Murphy & Neggia, LLC <![CDATA[What surprises people most about how marital property is divided?]]> https://www.laemerslaw.com/?p=47763 2026-06-16T19:07:34Z 2026-06-16T19:07:34Z the prevailing circumstances.

Separate property can become marital property

Inheritances, gifts and premarital property are generally not subject to division in a divorce. However, if personal property is blended with marital property in a way that makes it difficult to distinguish between the two, its separate status may be lost. This often happens when inherited funds are deposited into a joint account, a premarital asset is used for shared marital purposes or separate property is improved or maintained using marital funds.

Asset values are not static

The valuation date assigned to assets such as retirement accounts, investment portfolios, business interests or real estate can significantly affect the final distribution, particularly when values fluctuate over time. For example, a retirement account may be worth substantially more or less by the time the divorce is finalized than it was when the case was filed. Similarly, changes in the housing market can dramatically alter the value of a marital home. It can be a friction point if not properly addressed.

Debt is also part of the equation

People often focus on assets and overlook liabilities. Credit cards, loans and other debts incurred during the marriage are typically subject to division as well, even if only one spouse actively used them. It’s something you should have your eyes on to protect your interests. Property division rarely unfolds the way people expect, and the surprises tend to be costly ones. Having the right legal support can mean the difference between walking away with what you're entitled to and leaving far too much on the table.]]>