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New Jersey Child Support & College Expenses Explained

The court can take the educational needs of a child into account when a court order includes child support payments. Education expenses can quickly become expensive if the child attends a private school or goes to college. Knowing if you will need to continue support through college is important for a parent to consider. 

Contact an experienced New Jersey child support attorney at Cordell & Cordell to see how we can help your case. 

Can Child Support Continue Through College in New Jersey? 

With regard to New Jersey child support, a parent has the duty to support their child until the court considers the child emancipated. This includes the child turning 19 years of age if they are not attending school full-time, getting married, or entering the military. 

In New Jersey, a parent does have the duty to pay child support while the child of the marriage is enrolled on a full-time basis in college and potentially post-graduate education. 

However, if you are paying child support for a child in college, the child must be enrolled on a full-time basis, and the child has to be shown to be making a good-faith effort in school. For example, if the child is not maintaining, at a minimum, at least C and above grades, you could potentially argue that the child is not making a good faith effort and, therefore, you should not be obligated to continue to support them throughout college. Having an estranged relationship with the child may also bolster this argument. 

To ensure the child is enrolled in college, the parent paying child support has the option of filing a motion with the court requesting they be provided with grade reports and a class schedule to ensure the child is enrolled on a full-time basis and maintains an appropriate grade point average. 

If your New Jersey child support order requires the non-paying spouse to provide this information, then a written demand should be made. If you do not receive a response, then you can file a motion with the court. 

If your children are not enrolled in college on a full-time basis and they are finished with their schooling, you argue that they are emancipated and you no longer owe them a duty of child support. 

Related Article: Does Child Support Cover College Expenses? 

What Factors Does a Court Look at When Deciding Child Support and College Expenses? 

When a child qualifies to have college expenses covered by child support, the amount is dependent on several factors, including: 

  • Tuition 
  • Room and board 
  • Application fees 
  • College preparation courses 
  • Additional fees 
  • Transportation and parking 
  • Textbooks 
  • Healthcare expenses 
  • General living expenses (food, clothes, etc.) 

Child support payments are not based only on the child’s needs but the parents’ ability to pay. They are determined by your income and the number of children you have. Factors that determine whether college expenses will be covered include: 

  • Whether the parent would have contributed to the child’s college education if he or she was still living with the child. 
  • The amount the parents would have contributed to the child’s college education 
  • The ability of the parent to cover the cost of college 
  • The amount of support requested relative to the school and area of study 
  • The child’s commitment to his or her college education 
  • The availability of financial aid from grants and loans 
  • The relationship between the child and the paying parent 

What is the Child Support Formula For New Jersey? 

The child support formula in New Jersey is based on several factors, such as income, parenting time, and care costs. New Jersey has a child support calculator online that is free to use, though you will need some information ready in order for it to work. 

On the child support guidelines, New Jersey uses “PPR” (Parent of Primary Residence) for the custodial parent and “PAR” (Parent of Alternate Residence) for the non-custodial parent to determine child support obligations. 

To determine child support in New Jersey: 

  • Determine the net taxable income for both parents. Do not take the amount from a paystub, as child support guidelines include “allowable” deductions – some may or may not be on your paystub. 
  • Divide each parent’s net income by the combined net income of both parents. 
  • Input the base child support from the appendix on the child support guidelines into the worksheet. 
  • Compute the number of overnights with each parent. 
  • Divide the number of overnights for each parent by the combined number of overnights. If the number of overnights for the parent of alternative residence is less than 28 percent, complete the child support guidelines worksheet for sole custody; otherwise, continue. 
  • Compute the adjustment for other children, if applicable. 
  • Compute the self-support reserves and follow the instructions to determine the poverty level and which parent contributes financially to the other for the children’s support. 

Additional Resources 

  • New Jersey Child Custody Questions: Take a look at answers to some of the most common questions about child custody in New Jersey. These answers should help you better understand how it all works. 

Why Work With Cordell & Cordell 

Cordell & Cordell is a nationwide law firm with child support lawyers in New Jersey who have experience advocating for men in the family law system. We foster a communicative attorney-client relationship, and we take an aggressive approach to the legal system to protect your interests and that of your child. Take a look at what some of our previous clients had to say about our services. 

Client Experience 

​”First and foremost, [my lawyer] was an exceptional person to have worked with me on my case. He not only explained everything regarding strategies and how to proceed in great detail, he let me choose the path I took under his guidance, and I was 100% satisfied with the outcome. He was available to address any concerns at any time they arose. There were times of great concern and difficulty along the way, but he always explained and made sense out of them, which was a very valuable thing to me. Aside from my case, his personality was also outstanding, made me feel like a friend, and my comfort level was great. When I say that everyone from the beginning to the end, from my initial reception, all the paralegals that worked on my case(which was also exceptional), right through to [my lawyer] delivering the news I had that my case was finally over, was done extremely well by everyone. I would like to thank them all for their dedicated and very professional work.” — James T.

“Lauren made sure I was treated well. She listened to me and advised when I needed to keep my emotions in check. I would always refer her as she was very good.” — Kyle R. 

In Need of a New Jersey Child Support Lawyer? Call Cordell & Cordell. 

Cordell & Cordell’s New Jersey child support lawyers are licensed to practice throughout the state and are available for consultations should you seek additional information or possible legal representation. Please call 1-866-DADS-LAW to schedule an appointment. 

Disclaimer: This page serves as a resource and is not to be taken as legal advice. 

New Jersey Divorce & Family Law Guide: Custody, Support, Alimony

Men and fathers going through a New Jersey divorce face an array of challenges that threaten to upend their lives. Cordell & Cordell’s New Jersey divorce lawyers focus on representing men during the divorce process and that gives them an understanding of how the state’s laws affect them and their families. 

Our New Jersey divorce and child custody articles provide insight necessary to know what your rights are and how to protect them. Learn more about the divorce process in New Jersey so you know what to expect. By preparing to work with an experienced divorce lawyer, you also increase your readiness heading into New Jersey family court. 

New Jersey Divorce Process 

The New Jersey divorce process involves nine specific steps. 

#1: File with the Court: 

  • Complaint for Divorce 
  • Certification Verification and Non-Collusion 
  • Confidential Litigant Information Sheet 
  • Certification of Insurance Coverage 
  • Certification of Self-Represented Litigant and Dispute Resolution Alternatives 

#2: Complete the Divorce Summons 

This is an official notice that a divorce complaint has been filed. It also contains where and how to respond as well as the deadline to respond. 

#3: Address 

List the current address of your spouse or partner if you are in a domestic partnership or civil union. 

#4: Pay Filing Fee 

The filing fee is $300. In some cases, you can request a fee waiver. There is also a $25 fee for the Parent Education Program (PEP) when minor children are involved. 

#5: Sign Documentation 

Go through each document and check that they are properly signed and dated as required. 

#6: Make Copies if Submitting via Mail or In Person 

Create three copies of all documentation, including one for yourself. 

#7: Redact Personal Identifiers 

All documents filed with the Court must have all personal identifiers redacted, such as social security numbers, except for the information contained on the Confidential Litigant Information Sheet. 

#8: Submit to System 

Upload all of the documents to the Judiciary Electronic Document Submission (JEDS) System. 

#9: Serve the Summons, Complaint, and Other Documents 

Wait until you receive the Complaint with a docket number from the Court. Then, personally serve the defendant with these documents along with the Summons by using the County Sherriff’s Department or a process server. The Confidential Litigant Information Sheet should not be served on the Defendant. 

Related Article: What to Know When Filing for Divorce 

New Jersey Residency Requirements 

Under N.J. Stat. § 2A:34-10, either spouse must be a resident of the state of New Jersey for a full year prior to filing. In cases of adultery, this waiting period does not apply. 

Related Article: What Is The Residency Requirement For Filing For Divorce? 

Grounds for Divorce in New Jersey 

In New Jersey, the no-fault grounds for divorce require that the parties have been living separate and apart for 18 consecutive months, or that the parties have experienced irreconcilable differences for a period of 6 months prior to filing the Complaint for Divorce and they must allege that there is no reasonable prospect of reconciliation. Under a no-fault divorce based on irreconcilable differences, the parties may be living together and file for divorce if they can show irreconcilable differences existed for 6 months or more prior to the filing. Note, the courts in NJ also refer to divorce as “dissolution.” 

The fault grounds for divorce in New Jersey include the following: 

  • Adultery 
  • Extreme mental or physical cruelty 
  • Voluntarily induced addiction or habitual drunkenness 
  • Institutionalization for mental illness 
  • Imprisonment 
  • Deviant sexual behavior 

Divorce from bed and board may also be requested, which can later be converted to a final judgment of divorce. When divorce from bed and board is sought, both parties must apply for this relief and it can be later converted into a divorce action. 

Related Article: The No-Fault/Fault-Based Divorce Debate 

New Jersey Asset and Debt Division Process 

The division of property in New Jersey must be equitable in the eyes of the court. In New Jersey, there is a three-part inquiry completed to establish equitable distribution. 

  • Identify the marital assets and debts 
  • Assign a value to the marital assets and debts 
  • Equitably divide the marital assets and debts between spouses 

To achieve this, the court must first outline what specific marital assets and debts are eligible for distribution based on the type of asset or debt. Then, the court will need to determine the current value of those assets and debts, with a focus on distribution. The final step involves determining what is an equitable division of those assets. 

Related Article: Divorce Tips For Men: What To Do With The House? 

New Jersey Child Custody Laws 

Child custody laws in New Jersey are dependent on two components: Legal and physical custody. Legal custody refers to the right to make decisions for the child related to health, educational and welfare. It can be awarded as joint or sole custody. 

Physical custody refers to where the child lives or resides. It can also be ruled sole or joint if shared. There are numerous strategies for establishing child custody arrangements, including alternating weekly schedules. 

Related Article: New Jersey Child Custody Questions 

New Jersey Child Support 

New Jersey courts expect both parents to provide financial support for their child and note that this is a fundamental and constitutional right. New Jersey Child Support Guidelines help to determine the amount of child support one parent must pay to the other. Courts have the discretion to deviate from this if there is evidence to warrant it or if the combined incomes of the parties exceed the income cap set by the guidelines. 

To make decisions about child support, the court must take into consideration several key factors: 

  • The needs of the child 
  • The respective lifestyles of each parent and the standard of living the child is used to 
  • The source of all income from each parent, including assets that may not be income-producing 
  • All sources of debt for each of the parents and the child 
  • The earning capacity of each parent based on previous work experience and education 
  • Roles of the respective parents in caring for the child 
  • The expenses paid for by each parent historically 
  • The ability to provide for the child’s higher education needs 
  • The child’s current age and health needs 
  • The responsibility of each parent based on the court’s belief of other support provided 

The court must determine a figure that provides for the child’s needs while balancing the parent’s ability to make such a payment. 

Related Article: New Jersey Child Support: Paying For College 

New Jersey Maintenance/Alimony 

The maintenance, or alimony, awarded is dependent on numerous factors, including: 

  • The actual need for alimony and the ability of the parties to pay 
  • Length of the marriage 
  • The age, physical and emotional health of the parties 
  • Marital standard of living and the likelihood that each party can maintain a reasonable comparable standard of living with neither party having a greater entitlement to that standard of living than the other 
  • Earning capacities, education levels, vocational skills, and employability of the parties 
  • Length of absence from the job market of the party seeking alimony 
  • The parental responsibilities for the children 
  • The time and expenses necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment, the availability of training and employment, and the opportunity for further acquisitions of capital assets and income 
  • The history of financial or non-financial contributions to the marriage or civil union by each party 
  • The equitable distribution of property ordered and any payouts on equitable distribution 
  • The income available to either party through investment of any asset held by that party 
  • The tax treatment and consequences to both parties of any alimony award 
  • Any other factors which the court may deem relevant 

Alimony or maintenance is not always a component of New Jersey divorce. 

Related Article: Will I Have To Pay Alimony? 

Why Work With Cordell & Cordell 

Experience, compassion, and dedication make working with Cordell & Cordell a desirable outcome for many people filing for divorce in New Jersey. With the experience of your divorce attorney, you gain insight into your rights and obligations at every step of the divorce process.

Testimonials 

“Everything was great. You guys have a reputation of being the firm for dads, and you delivered extremely well.” — Xavier S. 

“The service was top notch. the staff were able to help me through it without a lot of legalese and by genuinely caring about my case.” — Thaddeus O. 

Take Charge & Move Forward Today 

Cordell & Cordell is a national law firm helping men with various family law concerns, including all aspects of divorce. This page is a resource to use to guide further support, and is not to be taken as legal advice. 

Contact Cordell & Cordell today to gain insight into your legal options in any of the previous areas. Contact 866-323-7529 now to learn more or complete our contact form.

Cordell & Cordell Announces Promotion of Michelle L. Ferreri to Partner

ST. LOUIS, (GLOBE NEWSWIRE) — Cordell & Cordell, a leading family law firm, is pleased to announce the promotion of Michelle L. Ferreri to Management Partner. With her exceptional legal skills and unwavering dedication to clients and the Firm, Ms. Ferreri has proven herself as a valuable asset.

A South Jersey native, Ms. Ferreri is a graduate of Lehigh University where she earned her BA in Journalism and Public Relations. Ms. Ferreri then received her JD from the University of Pittsburgh School of Law in 2005. Ms. Ferreri began her legal career as a law clerk to the Honorable Eugene J. McCaffrey, J.S.C. in the Superior Court of New Jersey, Family Part. She has been practicing family law exclusively since completing her clerkship in 2006. Ms. Ferreri is licensed in New Jersey and Pennsylvania.

Ms. Ferreri opened the Mt. Laurel, New Jersey office of Cordell & Cordell when she joined the firm in 2011.  Over the course of her 18-year career as a family law attorney, she has demonstrated a deep understanding of family law and a commitment to achieving the best possible outcomes for her clients. Ms. Ferreri was recognized as a New Jersey Rising Star from 2009-2011 and 2014-2020 in the family law practice area by Super Lawyers, a Thompson Reuters rating service of outstanding lawyers. She was also named “Awesome Attorney” in Family and Matrimonial Law for 2009-2022 by South Jersey Magazine and named to the list of Best Family Law Attorneys in 2015 and 2016.

Ms. Ferreri is a member of the New Jersey Association of Professional Mediators and she has been approved as a qualified Rule 1:40 Family Part Economic Mediator for the New Jersey Courts. She has completed 40 hours of Divorce Mediation Training through the New Jersey Association of Professional Mediators and 40 hours of Civil Mediation Training through the New Jersey Institute for Continuing Legal Education. This additional mediation training allows her to provide clients with alternative dispute resolution options, further enhancing her ability to navigate complex family law matters.

In addition to her legal expertise, Ms. Ferreri has been in a management role with the Firm since 2013, managing attorneys and legal staff across the country. Her team currently consists of Cordell & Cordell offices in New Jersey, New York, Connecticut, Michigan, and Colorado. Ms. Ferreri also regularly presents on the topic of ethics and best practices to the Firm.

“Michelle has consistently demonstrated exceptional legal skill and a deep commitment to our clients. Her promotion to Partner is well-deserved, and we are confident that she will continue to excel in her new role,” said Frank Murphy, Executive Partner and Chief Compliance Officer at Cordell & Cordell.

As one of Cordell & Cordell’s newest partners, Ms. Ferreri will continue to focus on family law, mediation, and management of her team of attorneys and legal staff. Her promotion reflects the firm’s commitment to recognizing and rewarding exceptional talent within its ranks.

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About Cordell and Cordell

Cordell & Cordell is a renowned domestic litigation firm that focus on/in men’s divorce. Their innovative approach to family law has gained national recognition, with coverage from esteemed outlets such as The Wall Street Journal, The New York Times, Time magazine, CNN, and FOX News.

For more information about Cordell & Cordell and their services, please visit CordellCordell.com.

Contact:

Kyle Biernbaum

Cordell and Cordell

kbiernbaum@cordelllaw.com

3145873494

Natalya Rutchyk

Natalya Rutchyk enjoys family law because representation of people in family matters leads to concrete results.

Ms Rutchyk’s defining characteristic is, “I am empathetic and think it is important to recognize that the clients in family cases are going through emotionally difficult time. “

New Jersey Child Support: Paying For College

With regard to New Jersey child support, a parent has the duty to support their child until such time as the court considers the child emancipated.

In New Jersey, a parent does have the duty to pay child support while the child of the marriage is enrolled on a full-time basis in college and potentially post-graduate education.

However, if you are paying child support for a child in college, the child must be enrolled on a full-time basis and the child has to be shown to be making a good faith effort in school.

For example, if the child is not maintaining, at a minimum, at a least C and above grades, you could potentially have an argument that the child is not making a good faith effort and, therefore, you should not be obligated to continue to support them throughout college.

To ensure the child is enrolled in college, the parent paying child support has the option of filing a motion with the court requesting they be provided with grade reports and a class schedule to ensure the child is enrolled on a full-time basis and is maintaining an appropriate grade point average.

If your New Jersey child support order requires the non-paying spouse to provide this information, then a written demand should be made. If you do not receive a response, then you can file a motion with the court.

If your children are not enrolled in college on a full-time basis and they are finished with their schooling, you have an argument to say that they are emancipated and you no longer owe them a duty of child support.

Related Article: Does Child Support Cover College Expenses?

New Jersey Child Support Lawyer

Cordell & Cordell New Jersey child support lawyers are licensed to practice throughout the state and are available for consultations should you seek additional information or possible legal representation. Please call 1-866-323-7529 to schedule an appointment.

New Jersey Child Custody Questions

New Jersey child custody attorneys provide answers to frequently asked questions with regards to New Jersey child custody and New Jersey custody laws.

Who will get custody of our child(ren)?

The analysis is centered on the best interests of the children. New Jersey law requires that both parents are equal regarding their custody rights.

What is joint custody? What is sole custody?

Joint custody may refer to the legal custody of a child (the decision making regarding the child’s everyday life) or to the physical custody of a child. Often it means that the child will reside with one parent primarily but spend time with the other parent frequently or alternatively reside with the other parent.

Sole custody refers to one parent having either sole legal or sole physical custody or both. Here, the sole custodian has the decision-making power and also has physical custody of the child. The non-custodial parent would have appropriate parenting time depending on the case.

If both parents share custody does anyone pay child support?

Yes, it is still possible the dependent parent will receive child support. Shared custody implies there will be a downward adjustment to a support obligation.

Can a parent refuse to allow visitation with the other parent if child support is not paid?

No. A petition for contempt of court should be filed.

When can my child decide which parent to live with?

This depends on the fact finder. Some judges will consider the desires of the children depending on their age and credibility. Though it is a consideration, it is not always determinative.

Do grandparents have custody and visitation rights?

Only in limited circumstances. The grandparent has the burden of proof that visitation is in the best interests of the child, and they bear the burden of establishing by a preponderance of the evidence that visitation is necessary to avoid harm to the child. The court must also consider factors such as the relationship between the child and grandparent and the biological parents’ desires.

The bottom line on this issue is if the grandparent can meet the burden that their visitation is necessary to avoid harm to the child, then the parent who has custody of the child probably should not have the child, since the child will be in harm’s way without the grandparents.

What is a parenting plan, and do I need one?

When parents cannot agree to a custody arrangement each party must submit a parenting plan to the court. The plan sets forth a proposal for the types of custody to be awarded, a schedule for parenting time and holidays, etc. The plan also includes important information about the parents and their employment.

When will child custody be decided?

Custody may be decided after the filing of a complaint and any responses and subsequent mandatory mediation (with the exception of cases in which a final restraining order has been entered as a result of domestic violence).

If mediation is unsuccessful a trial will be scheduled and the court may order an investigation to be made by the Family Division of the character and fitness of the parties and the overall environment they would provide for the child(ren).

When can I modify custody?

You can always modify a custody order if it is in the best interests of the children and if there has been a change in circumstances.

What if we cannot agree on a custody arrangement?

A trial will be scheduled and possible investigation into the fitness of the parents will take place.

How is custody decided?

The custody determination is based entirely on the best interests of the children. Some examples of the factors the court considers are:

  • The parties ability to communicate and cooperate in matters pertaining to the child;
  • The interaction of the child with its parents and siblings;
  • The quality and continuity of the child’s education; and
  • Any history of domestic violence.

How can I increase my chances at getting a larger custody agreement?

You have to show the court that you promote the child’s best interests and that the environment in which the child would live with you also promotes the child’s best interests. Remain active in your child’s day-to-day life and be involved in every way possible.

What is visitation?

Visitation is referred to as parenting time in New Jersey. It refers to the time a child will spend with the parent who is not the primary custodian. It may include visits during the day or evening or overnights, such as weekends.

Can a judge order supervised visitation or no visitation?

Yes. This is largely dependent on the facts of a particular case, but supervised visitation is possible as is no visitation in more extreme cases.

What should I know before a custody trial?

You should know about your child/children. You should know their school and teachers, their sports and coaches, their doctors and appointments. You should be an active participant in their daily lives.

You should also know what to expect from trial and prepare in advance with your attorney. You should know what you will testify to and present to the judge to prove you promote the child’s best interests.

Can I collect my own evidence to use if my custody case goes to court?

Certainly and often this is helpful. However, you must go over the evidence piece by piece with your attorney as not all evidence is admissible and some may not be advisable to share in court.

Do I need to use a Guardian ad Litem/custody evaluator?

A Guardian ad Litem is ordered in cases where the court needs someone to represent the child’s best interests separate and apart from the parties’ attorneys. He or she may do investigations into the fitness of the parents to determine who fits the needs of the child most. You do not always need one, and many cases do not involve one.

A custody evaluator on the other hand may be more common in cases that cannot be resolved in mediation. As stated above, an investigation may be ordered by the court in cases where the parties cannot agree on custody.

Will my child need to appear in court?

For some custody proceedings, the children will be required to attend. It is up to the court whether to speak with the children. Some judges will hold interviews with children in their chambers.

What is the Parental Kidnapping Prevention Act?

The Parental Kidnapping Prevention Act is a federal law designed to protect custodians and their children from unilateral removal of the child or children to another state. By creating uniformity nationwide, the law allows the states to assist each other in these types of custody situations.

What if my wife tries to move the kids out state?

She should first have followed the law that requires her to file a motion to request court approval. At that time, she has to prove that she has a good faith reason for the move and that the child will not suffer from the move. The court considers several factors in making this determination including the proposed alternative parenting time schedule for the non-relocating parent.

If I have custody, will I receive child support?

In some cases yes, but it depends entirely on the particular facts of the case in terms of the parties’ custody schedule (who has primary or more time with the children) and also the parties’ respective incomes. The primary custodian who is also the lower wage-earning spouse will receive child support.

New Jersey Resources

Clients going through a New Jersey divorce face an array of challenges that threaten to upend their lives. Cordell & Cordell’s New Jersey divorce lawyers focus on representing clients during the divorce process and that gives them a better understanding of how the state’s laws affect them and their families.

Read through our New Jersey divorce and child custody articles to gain a better understanding of the road ahead. Educating yourself about the divorce process in New Jersey will improve your ability to communication with your divorce lawyer, which goes a long way toward helping your reach your goals in New Jersey family court.

New Jersey divorce attorneys provide answers to frequently asked questions with regards to divorce laws and the divorce process in New Jersey.

Here are answers to frequently asked questions about New Jersey divorce laws:

NJ Divorce Laws: Frequently Asked Questions

Anthony Paolini

Mount Laurel divorce attorney Anthony Paolini is a child of divorce and he understands the impact it can have on a family, specifically from a father’s perspective. That experience guides his approach to practicing family law.

“I understand the balance of being an advocate in court, but being compassionate when dealing with clients,” Mr. Paolini said.

Mr. Paolini’s job as an attorney is to make this difficult time as smooth a transition as possible for his clients.

“As an attorney, my job is to make sure the client is not surprised at any point during the process and that they are always updated,” he said.

Mr. Paolini has devoted his career as a law clerk and attorney to understanding and becoming an experienced family law attorney. This, coupled with his own personal encounter with divorce, allows him to be a strong advocate while also balancing the emotional and personal side of a divorce or case.

Lauren Hagovsky

Lauren Hagovsky is a New Jersey divorce attorney in Cordell & Cordell’s Mount Laurel office.

 

Diana Megalla

New Jersey divorce attorney Diana Megalla had experience in civil and commercial litigation, but she wanted to help people rather than just corporations.

“Helping corporations make more money will never be as fulfilling as helping individuals resolve problems in their daily lives,” said Ms. Megalla.

She left those areas for family law so that she could have more client contact and be able to help people in need and those facing big decisions in their lives.

Ms. Megalla certainly still draws upon her more corporate experience, however, and uses skills like negotiation and even her earlier background in sales to help practice family law.

“I have handled many family cases where clients have advised me that this was the smoothest and fastest manner that the case could have gone,” said Ms. Megalla. “I understand and appreciate that when you come to me, you are experiencing one of the most difficult times in your life, and I want to ensure that the process is the most bearable it can be given the circumstances.”