Family Law

There may be various changes or circumstances which warrant modifications to a settlement agreement or Court Order.  At Tomasella & Associates, LLC, a significant portion of our practice handles post judgment issues including modification or termination of child support or alimony as well as modification of parenting time.

Equitably dividing assets do not always mean assets are divided 50/50. At our law firm, we identify each and every asset of the marriage. If you have assets that are exempt from equitable distribution we will advocate for eliminating them from distribution to your spouse whether it be through aggressive negotiations or the retention of experts for trial.

During highly contested divorce, there is frequent motion practice and at times emergent motion practice. The attorneys at Tomasella & Associates, LLC. are experienced in not only drafting and compiling substantial motions but aggressively orally arguing your case before the Court.

Most parents intuitively understand that children need to carry a positive image of each of their parents. Each parent is an integral part of the child, and a child does not divorce either parent simply because parents stop being a couple. Parents embroiled in a difficult separation or divorce, however, can lose sight of this. Some find their view of the other parent deeply tarnished, and then either inadvertently or intentionally impart this negative view to the child. The child may in turn internalize this view, incorporating it into a negative self-image.

Divorce inevitably creates stress and tension for everyone in the family. Children often face difficult adjustments in living situations. When one parent attempts to sabotage their child’s relationship with the other parent, it is the child who suffers the most. Parental alienation prevents children from receiving the reassurance they need—from both parents—to successfully adapt and adjust to their new family dynamics.

A postnuptial agreement is a contract just like a prenup that the two parties enter into with each other. The main difference though is that a postnuptial agreement is entered into after the parties are married, thus “post-nuptial.” Similar to a prenup, a postnup is typically executed for monetary reasons. If one of the parties has a change in jobs or inherits a large amount of money, it is common to draft a postnup to reflect these financial changes in the marriage. Like a prenup, once drafted, the postnup will outline for the parties who is entitled to what share of say the inheritance for example.

Furthermore, I always get asked the question “can we address the issue of child custody in a postnup?” The answer to that question is no, plain and simple. Children are not “assets” to be inserted into such an agreement.

What is required to enter into a postnuptial agreement?
If both parties willingly enter into a postnup, without duress or coercion, it typically will be valid under New Jersey law. A few other requirements will usually include (1) the agreement must be in writing; (2) the agreement must be notarized; and (3) the agreement must be done with fair disclosure between the parties

Family court orders must be complied with. When an individual neglects his or her child support, alimony, custody or visitation responsibilities, the wronged party can enforce a court order with the help of a Family Law attorneys. Enforcement actions can range from a focused letter to motions that can lead to significant penalties for a person who disobeys a court order.

Our New Jersey Divorce Lawyers can help you pursue enforcement or defend yourself against enforcement actions. We are here to advise you and help you protect your legal rights.

Child Protection and Permanency is New Jersey’s child protection and child welfare agency within the New Jersey Department of Children and Families. Its mission is to ensure the safety, permanency, and well-being of children and support families. CP&P is responsible for investigating allegations of child abuse and neglect and, if necessary, arranging for the child’s protection and the family’s treatment. The Child Abuse Hotline (State Central Registry) receives reports of child abuse and neglect 24-hours a day, 7-days a week. Reports requiring a field response are forwarded to the CP&P Local Office who investigates.

Our firm has years of experience dealing with the Department of Children Protection and Permanency (DCPP) which was formerly known as Division of Youth and Family Services (DYFS).  Tomasella & Associates, LLC has defended parents and advocated for them.