Individual Legal Services

• Equitable Distribution
• Alimony
• Child Support
• Single Parents
• Palimony
• Paternity
• Post-Judgment Relief
• Relocation/Custody
• Parenting Time/Visitation
• Domestic Violence
• Name Change

Most cases do settle before trial. However, whether your case settles or requires the financial investment and time to conduct a trial, Garces & Grabler, PC is amply prepared to represent you well. Our duty is to you, the client. We can provide detached, unemotional, practical, and zealous advice and representation on your behalf.

Equitable Distribution

New Jersey is an equitable distribution state. That means that if the parties do not voluntarily settle their case amongst themselves and/or with the advice of their own lawyers, a judge will make a determination after trial. Trials are expensive propositions, both emotionally and financially. We can help you achieve the distribution of the marital assets and/or bills in a practical, detached, coherent and direct manner. We can eliminate much of the emotional fatigue that might occur if you are left alone to make these decisions. Many people who divorce have real estate, mortgages, credit card bills, debts, assets, and other items that need to be distributed between the parties fairly and justly. We can help.

Alimony

Alimony, also known as spousal support, is often a much contested area when a relationship ends. Whether you are a potential payer or recipient of alimony, Garces & Grabler can provide you with competent legal advice as to what a reasonable expectation would be. Alimony is determined based on many factors, not the least of which includes the length of marriage, income history, and earning ability of the parties. Garces & Grabler can advise you and represent you to show what a reasonable and just alimony figure might be. The law requires alimony to be worked out before it can determine the child support figure.

Child Support

Many parties need to know an accurate level of child support. Garces & Grabler can apply the child support guidelines so that an accurate child support worksheet can be completed. Many people, even attorneys, run an incorrect child support worksheet, thereby prejudicing clients when the correct child support figure is not accurately calculated. We can make sure that all of the relevant factors are included within the worksheet so that there is neither an overpayment nor underpayment of correct child support. Child support does not get calculated into your budget. Your budget works around alimony and/or child support.

Single Parents

Many single parents have issues with their ex spouse, significant other, in-laws or even members of their own family. Garces & Grabler can advise you of the current state of the law so that you can make well informed decisions in how you conduct your life when it comes to your children.

Palimony

Many people live together in long-term relationships but never marry. Termination of these relationships can be very emotionally and financially devastating if not managed properly. Garces & Grabler can assist you in learning your rights before going your separate ways.

Paternity

Making a decision to dispute paternity is not only deeply emotional, it is also fairly complex under the law of the State of New Jersey. Many rationales are built into the statutes in case law and negotiating them requires the assistance of a competent family law attorney.

The New Jersey Parentage Act, based on the Uniform Parentage Act, was adopted in 1983, and substantially amended in 1994. It is intended to establish the principle that regardless of the marital status of the parents, all children and parents have equal rights with respect to each other and to provide a procedure to establish parentage in disputed cases. The longer a particular party waits to dispute paternity, the less likely it is that their case will be successful.

Before a Court in New Jersey can order child support, parentage/paternity must be established:

1. Evidence of sexual intercourse between the mother and alleged father at any possible time of conception
2. An expert’s opinion concerning the statistical probability of the alleged father’s paternity
3. Genetic/blood tests
4. Medical anthropological evidence relating to the alleged father’s paternity
5. All other evidence relevant to the issue of paternity

The law also presumes paternity in certain circumstances, including:

1. When a party signs a Certificate of Parentage
2. And/or if a party is sued for paternity and defaults by not appearing in Court (the Court will simply find them to be the parent)

The law also creates presumptions of paternity. The New Jersey Parentage Act provides that a man shall be presumed to be the natural father of a child under the following circumstances:

1. If he and the natural mother were married to each other when the child was born, or if the child is born within 300 days after the marriage is terminated
2. If the parties entered into a ceremonial marriage and he acknowledged his paternity in some form, either in writing or by actions
3. If he and the child’s natural mother marry or attempt to marry and he acknowledges his paternity in writing to the local registrar of vital statistics, or seeks to have his name placed on the child’s birth certificate as the father, or openly holds the child out as his natural child, or is ordered to pay child support for the child

Contesting Paternity

If a presumption of paternity has been met, then contesting paternity is not an absolute right. Nevertheless, before a punitive father can be compelled to submit to an HLA (Human Leukocyte Antigen) blood test or genetic test, the Court must first make a finding that there is an “articulable” reason for suspecting that the Defendant is the father.

Nevertheless, if there has been fraud in procuring paternity and/or child support, it is potentially possible to vacate a child support Order and/or seek repayment of wrongfully procured child support payments. If a party is found to be the biological parent, not only can a Court Order for child support be entered, but the Court can also compel such party to share the pregnancy and birth-related expenses involved in the birth of their child.

At Garces & Grabler, we have a full-service family department that can assist you with your family cases. If you have a question regarding paternity, or if you are thinking about disputing paternity, a convenient initial consultation can be arranged during which you could make a decision about asserting your legal rights. Let an experienced matrimonial practitioner assist you with this significant decision. Leaving it to chance could place you in an unrepairably expensive position.

One example of financial detriment in this context would be the inability of the child to obtain child support from the natural father because of conduct by the stepfather. The party asserting estoppels has the burden of proof.

The equitable estoppels doctrine is three-prong; it consists of proving representation, reliance, and financial detriment.

In the leading case of Miller v. Miller, the stepfather developed a close relationship with the stepchildren. They began using his name at school as their parent and school records were changed to reflect the name of the stepfather. It prohibited any visitation by the natural father and rejected all offers from the natural father to provide child support. As a result, the stepfather was required to continue the In Loco Parentis role after the divorce.

Ultimately, the Courts will make a decision based not upon necessarily fairness to the parties, but upon the best interests of the children. That is why, with all concerns being equal, it is best for a party who wishes to dispute paternity, to be proactive in asserting their rights, so as not to waive them by non-use.

Post-Judgment Relief

The rules of procedure are very precise regarding family actions. Generally, a post-judgment of divorce motion must give an adversary at least 29 days notice. The adversary must respond and provide 16 days notice to the movant. If there is a cross-motion by the adversary, the movant then must make a reply to the cross-motion, in writing, filed with the Court no later than 8 days prior to the return date of the Motion in Court.

Garces & Grabler can help you with any post-judgment relief, including advising you on whether or not you have a sufficient case to show a “substantially” change circumstance warranting modification of a previous final Order of the Court. In certain circumstances the notice deadlines are reduced to a 16-, 8-, 4-day notice cycle.

Enforcement

Sometimes parties willfully refuse to comply with Court Orders. If necessary, Garces & Grabler is capable of representing you for the purpose of enforcing previously completed Court Orders. Garces & Grabler can advise you which procedures might be necessary to achieve compliance with an Order of the Court.

Relocation/Custody Cases

Many times a party may erroneously assume that they can just take the child and “relocate”. However, the law generally requires the other parent to either provide written consent or require the relocating parent to procure a Court Order authorizing the out-of-state relocation, and sometimes intrastate relocation.

Garces & Grabler can advise you as to what is legally required to acceptably relocate a child of a relationship. Such advice could assist in reducing legal fees that often occur when parties do not communicate effectively. Since lawyers usually charge hundreds of dollars per hour, a few key words of practical advice can assist a party in effectively communicating with their ex-significant other. This, in turn, can have the added effect of reducing legal fees in a substantial matter.

Nevertheless, sometimes parties do not come to agreement. Garces & Grabler, PC is also capable of zealously representing parties when there is a good faith dispute as to the viability of a relocation application.

Parenting Time

Often, separating parents dispute appropriate parenting time with their children. Garces & Grabler can guide you throughout the legal process that is required of parties when they choose to disagree as to the parenting time with their children. Such procedures include mandatory Court-ordered mediation and/or possible expert involvement such as psychologists or other parenting teacher experts.

In extreme cases of a medical deficiency, psychiatric assistance may be necessary. Other potential issues regarding parenting time include supervised parenting time, third-party supervisors acceptable to both parties. In some cases, the parties need assistance with achieving a mutually acceptable Consent Order complete with days, schedules and times.

Garces & Grabler can assist you with some of the more practical considerations and attempt to draft the parenting time orders.

Domestic Violence Restraining Orders

Unfortunately, the emotional investment in relationships sometimes results in physical violence and/or harassment from one party to another or from both parties. Garces & Grabler can advise you of the law and, if necessary, zealously represent you in Court to either pursue or defend against a Final Domestic Violence Restraining Order.

Garces & Grabler is firm in its commitment that no person should have to endure verbally offensive harassment or physically abusive behavior. Garces & Grabler is equally committed to the concept that no person should have to endure an untrue or fabricated allegation of domestic violence. We stand ready to assist you with your dispute and/or disagreement with your ex-significant other when it comes to domestic violence.

Name Changes

Garces & Grabler also represents many clients who wish to pursue a legal name change for either themselves or their children. If parties are divorcing, at the time of the divorce, the law does authorize a spouse to take back their maiden name. In other cases, parties may need a separate legal application seeking to legally change their name.

Whatever course you choose, Garces & Grabler is adequately prepared to zealously represent you.

Consultations are free and appointments are available daily.

To speak with an experienced Divorce & Family Law attorney immediately call us toll free at 1–800–923–3456 or contact us online to discuss your legal matter today.

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