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What about the Kids? - The Best Interests Standard
"The best interest's of the child" determine most issues of custody and visitation. Although the standard is simply defined, proving "best interest" is most difficult and expensive. Opinions from varying sources guide the Court to determine custody and visitation. Once a significant issue of custody is demonstrated the Courts will generally require the parties and children to undergo evaluation by the county Probation Department. Typically, the probation employee with a Masters of Social Welfare (MSW) will interview all the family members and obtain a history of both parents including but no limited to medical, psychiatric, drug, alcohol, levels of parenting skills, etc. The Probation Social worker will customarily obtain school records of the children which will include grades, attendance, child study team evaluations and other pertinent information. The children, depending upon their age and maturity, will be interviewed of children 7 years or older. The court has discretion to interview children below 7. The Court must consider the following factors as enumerated in N.J.S.A. 9:2-4:
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What about the Kids? - The Best Interests Standard
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.
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