the good is only temporary; the evil does it permanent.”
Mahatma Gandhi
At the beginning of a relationship, it is not easy to tell if someday it will become violent.
In fact, many people capable of domestic violence seem to be kind, considerate, and charming people in the beginning stages of a relationship. Although domestic violence, at its roots, is about power and control, abusive partners do not always display those possessive behaviors until deep into their relationships.
The causes and impetus of domestic violence are as varied and nuanced as people. Abuse seldom looks the same in every relationship. Power and control are the common factors involved in all domestic violence cases. Sometimes long before things become physical, signs of a need for power and control start to play out in their relationships.
Most harmful behavior in a person can be traced to negative exposures or experiences. Some of the common causes of domestic violence among adults include:
The state of New Jersey considers an accusation of domestic violence or abuse a very serious matter. The consequences that are ahead for someone who is charged with a domestic violence crime are significant. If you have been accused of domestic violence charges, we recommend you take those consequences seriously and hire an experienced and highly skilled domestic violence attorney. You need an advocate who can defend you in light of your charges and pursue the best possible outcome.
Consider leveraging the unique counsel of Attorney Gary J. Natale. We strip away the emotional elements of a domestic violence case and lock in on any weaknesses that the prosecution may have. Facts are what dictate any criminal case and those facts will determine how we handle the case.
For more information or to schedule an appointment with an experienced Essex County divorce attorney, please contact us.
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]]>Any parent or individual who holds custody of a child may apply for child support.You can find and download an application for child support services here: https://application.njchildsupport.org
The court is responsible for determining the proper amount of support based on the NJ child support guidelines. The starting point is considering the income of both parents as well as the average amount spent by intact families for their children. There are many other factors taken into consideration including, but not limited to, the specific needs of the child, each parent’s earning ability, the health and age of the child and each parent and prior support obligations for other children.
Yes. There are times when circumstances change that require review and modification of the child support amount. Parents can request to have their order reviewed at least every three years or when circumstances are sufficient to warrant a review. Keep in mind that New Jersey law does require that there is adequate proof of “change of circumstances”.
Unfortunately, there are situations where one parent does not pay their child support. A party or attorney is able to file for enforcement through the Probation Department, who will then take steps to see that the original order is enforced. This may involve garnishing the payor’s wages, taking the past-due amount from other sources of income (such as a tax refund) or even returning the child support case to court.
Most often, the Probation Department will collect the support payments through wage garnishment. Once the payment is received, Probation will forward the support to the spouse with custody of the child.
Can a person be arrested if a parent does not pay child support?
Simply stated – yes. There are many other actions of increasing severity that a court may and will take to see that the support amount is paid including suspending the payor’s driver’s license or professional license, reporting the lack of payment to credit bureaus, or placing a lien on real estate.
If support is still unpaid, a bench warrant can be issued for the arrest of the payor, who in some cases will not be released until the amount is paid.
Every child is entitled to proper support from his parents, but properly determining the amount of that support can often be met with resistance or inaccurate representation of income. At the Law Offices of Gary J. Natale, P.C., we work to effectively represent our clients’rights to accurate and fair child support amounts. Contact us for a free consultation by clicking here.
]]>All United States courts handle custody and visitation situations according to the best interest of the children. A relocation request could put a strain on the non-custodial parent because of traveling expenses and decreased opportunity for that person to see his or her child. The judge will want to know if the two parents have agreed to the relocation, and if the parties have made feasible arrangements for court-ordered visitation to occur. Some court order modifications may be necessary.
If the non-custodial parent agrees with the relocation, then the custodial parent can obtain approval quite easily. A court hearing must occur if the non-custodial parent does not want the custodial parent to relocate with the child. A change in custody may occur in such a case. The judge will have to hear both sides of the story. If the custodial parent shows that he or she is willing to make efforts to share expenses, then the judge may allow the current court order to stand. A custodial parent can offer to meet the other parent half way. Additionally, the two parties could work out an extended visitation in which the non-custodial parent has the child for extra time.
Due to the complexity of a relocation, a custodial parent should speak with an attorney about relocation laws. Any complications that arise can hinder the custodial parent’s opportunity to move toward a brighter future.
Gary J. Natale, P.C. has been practicing in the family law field for several decades. He is a compassionate attorney who believes in the preservation of family values. A custodial or non-custodial parent can contact his office by calling [nap_phone id="LOCAL-REGULAR-NUMBER-3"] or by clicking here to complete a short form.
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