Divorce, alimony and Child Support in New Jersey

The following is a portion of the NJ Court Rules which apply to all Divorce, alimony and child support cases RULE 5:7. DIVORCE, NULLITY, SEPARATE MAINTENANCE (Child Support and Alimony) 5:7-1. Venue Except as otherwise provided by law, venue in actions for divorce, nullity and separate maintenance shall be laid in the county in which plaintiff was domiciled when the cause of action arose, or if plaintiff was not then domiciled in this State, then in the county in which defendant was domiciled when the cause of action arose; or if neither party was domiciled in this State when the cause of action arose, then in the county in which the plaintiff is domiciled when the action is commenced, or if plaintiff is not domiciled in this State, then in the county where defendant is domiciled when service of process is made. For purposes of this rule, in actions brought under N.J.S.A. 2A:34-2(c), the cause of action shall be deemed to have arisen three months after the last act of cruelty complained of in the Complaint. 5:7-2. Application Pendente Lite (a) Support Pendente Lite. Applications for support, counsel fees and costs pendente lite, whether made with the complaint or by notice of motion thereafter, shall be accompanied by a completed case information statement in the form set forth in Appendix V to these rules pursuant to R. 5:5-2. If this form has previously been submitted, amendments thereto must be filed with the court no later than eight days prior to the motion hearing date. A completed case information statement shall accompany the response to the application pendente lite. If previously submitted, amendments thereto must be filed with the court no later than eight days prior to the hearing date. (b) Restraints; Contempt. If pendente lite relief is sought, by way of preliminary restraint or to hold a party in contempt, the application shall be on petition and order to show cause. 5:7-3. Corroboration All elements of a claim for divorce or nullity may be proved without corroboration. 5:7-4. Alimony and Child Support Payments (a) Allocation of Support. In awarding alimony, maintenance or child support, the court shall separate the amounts awarded for alimony or maintenance and the amounts awarded for child support, unless for good cause shown the court determines that the amounts should be unallocated. In awarding child support, payments for health care, child care and other expenses necessary to maintain the child or children shall be designated as part of the child support award unless good cause is shown why such amounts should be separated. (b) Payments Through the Probation Division. The judgment or order shall provide that payments be made to the New Jersey Family Support Payment Center. When an obligor's county of residence changes, the transfer of the responsibility for the collection and enforcement of such judgment or order shall be governed by the policies established by the Administrative Director of the Courts. Alimony, maintenance or child support payments not presently made through the Probation Division shall be so made upon application of either party to the Probation Division unless the other party, upon application to the court, shows good cause to the contrary. In non-dissolution support proceedings, the court shall record its decision using the Uniform Order for Summary Support shown in Appendix XVI of these Rules. Upon the signing of any order that includes support or health insurance provisions to be administered by the Probation Division, the court shall, immediately after the hearing, send to the appropriate Probation Division one copy of the order which shall include statements prepared by the parties or their attorneys providing the names, dates of birth, Social Security Numbers, and mailing addresses of the parents and the children; the occupation and driver's license number of the parent who is ordered to pay support; the policy number and name of the health insurance provider of the parent who is ordered to insure the children; and, if income withholding is ordered, the name and address of the obligor's employer. more info at http://www.kennethvercammen.com/divorce.html?id=267&a=