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Until the child reaches 21 years of age.

 In most cases, child support is calculated using the guidelines set forth in the Child Support Standards Act using a percentage based formula when both parents combined annual income is less than $130,000.00.  Support is calculated by taking the combined income of both parents, whether married or unmarried, (if both are working) and taking a percentage of that income based on the number of children and prorating in the proportion that the non-custodial parent’s income bears to the total combined income of both parents.  Child support can be obtained whether the parents are married or not.

Child custody is determined based on the “best interests of the child(ren).”  There is no presumption whether the mother or father shall get custody, a common misconception.  Either parent can be granted custody and there are many factors considered by the court in determining which parent should be granted custody.

The court will divide property by what is called “equitable distribution.”  This can only occur if the parties are actually granted a divorce, this cannot be done in a legal separation.  Property will also be divided into two categories, marital and separate property, which is treated differently.  Both real and personal property will be divided, although other than significant personal property, such as retirement, pensions, 401(k)’s, and assets of significant value, generally minor personal property is divided by agreement of the parties and not the court.
 

Yes, you may file for legal separation through the court, but you must meet one of the same four grounds necessary for a cause based divorce, except there is one additional ground upon which a legal separation can be granted – neglect or refusal of the defendant-spouse to provide for the support of the plaintiff-spouse where the defendant-spouse is chargeable for support under applicable law.

Although the statute does not specifically identify the two types of custody, there are in fact two types of custody.  Physical custody, sometimes referred to as residential custody, and legal custody.  Physical custody is who the child actually lives with and is usually granted to one parent.  This controls where the child goes to school and the person with physical custody is called the custodial parent.  Legal custody is decision making authority, and includes authority to decide on religious, educational and medical decisions affecting the child.  In most cases, legal custody is joint, however it can be granted to only one parent depending on the facts and circumstances of your particular case.  Where one party is granted sole physical custody, the non-custodial parent is still always permitted to seek an order of visitation.  The court will decide the issue of custody and visitation based on many factors.  However, if the parties are “warring” or cannot get along, then joint custody cannot be granted according to present law even where the parties agree to such an arrangement. 

Yes, although it is no longer called alimony and is now known as “maintenance.”  Maintenance is designed to be rehabilitative in nature, meaning that it will normally be of limited duration to allow the recipient spouse to become self supporting.  However, in long term marriages the court has the authority to award maintenance until the death or remarriage of the recipient spouse in limited circumstances.  There are 12 factors which the court must consider in making an award of maintenance.

You may file for modification of the judgment and request sole legal custody.  If granted, you will no longer need the consent or cooperation of the other parent to make a legal custody decision.  For example, this is very common when a parent wants to obtain a U.S. Passport to travel abroad with the child(ren).  If the parents have joint custody, the U.S. State Department will not issue a Passport without the consent of both parents.  The only way to obtain a Passport in that case is to petition the court for an order requiring the parent to consent to the Passport application or to petition and obtain a judgment granting you sole legal custody.  You can then take a certified copy of that order or judgment to the State Department (or anywhere Passport applications are accepted) and obtain your child(ren)’s Passport.

You may apply for an “Order of Protection” which is more commonly known as a restraining order, which is a special order which, if granted, subjects the defendant to arrest and potential incarceration if he or she violates the terms of the order. Such an order will prohibit the defendant from contacting you or coming near you and may place other restrictions on the defendant to protect you, including barring all telephone and email contact and ordering the defendant to stay away from your home and workplace.  Both men and women are permitted to seek such an order.  The law is complex in this area and there are different criteria depending on the relationship between the parties and which court the order needs to be sought in.  Not all people who believe they may be able to obtain such an order will meet the criteria for obtaining an order.