New Jersey Info
New Jersey Divorce Start Your Divorce Find Professionals New Jersey Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum New Jersey Products Divorce by County
New Jersey Articles
Agreements Attorney Relationship Custody & Visitation Child Support Collaborative Law Counseling Divorce/General Domestic Abuse Domestic Partnership Financial Planning Foreign Divorce Mediation Parenting Property Division Spousal Support
Paternity in New Jersey
What is the Parentage Act?
Pursuant to N.J.S.A. 2A:17-56.7(b), the early establishment of paternity and child support orders creates a basis for individual security and family stability. As a result, the Parentage Act was enacted to address paternity cases N.J.S.A. 9:17-41 et seq. Paternity issues usually arise when child support is sought and the father contests that he is in fact the father of the child. The court's authority to decide paternity cases is based upon the defendant having sexual intercourse in this State with respect to a child who may have been conceived by that act of intercourse. In addition, the defendant can only be required to come to court if service of the complaint for paternity is served on the defendant in accordance with the rules of the court.
Who can file an action for paternity?
Several people can bring about or defend a paternity action at any time: a child, a legal representative of the child, the natural mother, the estate or legal representative of the mother, if the mother has died or is a minor, a man alleged or alleging himself to be the father, the estate or legal representative of the alleged father, if the alleged father has died or is a minor, the Division of Family Development in the Department of Human Services, or the county welfare agency, or any person with an interest recognized as justifiable by the court. However, if the issue is raised more than five years after the child attains the age of majority, no such action shall be permitted.
Pursuant to the provisions of section 331 of Pub. L. 104-193, the child and other parties in a contested paternity case shall submit to a genetic test upon the sworn request of one of the parties, unless that person has good cause for refusal. The sworn statement by the requesting party must allege paternity and set forth the facts establishing a reasonable possibility of the required sexual contact between the parties; or in the case of sworn refusal, the refusing party must deny paternity and set forth the facts establishing a reasonable possibility of the nonexistence of sexual contact between the parties.
When is a man presumed to be the child’s father?
There are several instances when a man is presumed to be a child's father. According to N.J.S.A. 9:17-43 a man is presumed to be the biological father of a child if one of the six following events occur:
When is the presumption of paternity rebutted?
A presumption in favor of paternity under this section may be rebutted by the presumed father in an appropriate action only by "clear and convincing evidence such that there exists," a court order terminating the presumed father's paternal rights or by establishing that another man is the child's biological or adoptive father.
In contested matters, a consent conference shall be held by the Superior Court, Chancery Division, Family Part intake service, the Probation Division or the county welfare agency to determine if the matter may be resolved prior to trial.
A trial shall take place in which witnesses and experts may testify and which blood tests may be introduced. Since 1998, trials by jury are no longer permitted in paternity matters. N.J.S.A. 9:17-49(b).
New Jersey has five types of spousal support. Rehabilitative alimony is a short-term monetary award that allows a spouse to go back to school or obtain training to re-enter the workforce. Limited duration alimony is awarded in cases of a short marriage when rehabilitative alimony doesn't apply. Reimbursement alimony is awarded when one spouse makes a personal sacrifice so that the other spouse could receive professional or career training. Alimony pendente lite is awarded when a divorce is pending so that both parties can maintain their current standard of living until a final judgment is made. Finally, there is permanent alimony which is usually appropriate in long term marriages and typically terminates upon the death of either party or remarriage.
Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
|Women's Rights Manual For Divorce
Cover Price: $
Your Price: $29.95
You Save: $26.00
"The Absolute Best Investment in Your Divorce"
|Men's Rights Manual For Divorce
Cover Price: $
Your Price: $29.95
You Save: $26.00
"Uncover Your Options and Unleash Solutions"
© 1996 - 2020 Divorce Source, Inc. All Rights Reserved.