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Divorce Law FAQ’s

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Wednesday June 17, 2009An Intro Guide on Divorce and Separation1. What is a legal separation? Technically, there is no such “animal” in New Jersey called a legal separation. Some states have legal proceedings that are tantamount to a legal separation. However, New Jersey does not have a separation docket classification or case track for legal separations. A separation simply means that you and your […]
Thursday January 29, 2009A Guide to the Grounds for Divorce in New Jersey1. What are the two no-fault grounds for divorce? There are two major no-fault grounds for divorce in New Jersey;  a. Irreconcilable Differences  This is a relatively new no-fault ground for divorce in New Jersey. This cause of action allows either a husband or wife to file a divorce complaint without providing any specific reason. […]
Thursday January 29, 2009A Military Divorce Guide General Info 1. What are the residency and filing requirements for a servicemember to file for a divorce? The state of New Jersey will allow a military member or a spouse to file for a divorce where he or she is stationed, even if neither the servicemember nor the spouse is a resident of New […]
Thursday January 29, 2009Ability to Pay Hearings1. How is a child support order enforced? When the parents of children live apart, the court often orders the non-custodial parent to pay child support to the parent who lives with and cares for the child. The payments must be made on a regular basis, such as every two weeks or every month. When […]
Wednesday February 25, 2009Adoption Info Guide1. What is an adoption? Adoption is a legal action that terminates all rights, duties, privileges and relationships between the child and his or her birth mother and/or birth father and any person who has become the child’s legal parent. All adoptions in New Jersey are governed by the statutes found at N.J.S.A. 9:3-38 et. […]
Thursday January 29, 2009Adultery and Alimony?1. What are the historical origins of alimony and fault? Alimony – which is the periodic payment one spouse might be ordered to pay anther following a divorce – is an old concept. Historically, wives who separate from their husbands for cause (or who were abandoned) could be awarded alimony. The basic assumption of alimony […]
Thursday January 29, 2009Alimony1. What is alimony? Alimony is the term that is used for payments that are made by one spouse to the other after a divorce. Alimony is different from the equitable distribution of marital property. Equitable distribution looks in the past at what property the parties acquired during the marriage. Equitable distribution involves splitting up […]
Thursday January 29, 2009Alimony Reduction1. Can alimony be modified? Alimony can be changed. However, it is not easy to convince a court to reduce alimony. Alimony only defines spousal support obligations of a spouse in the present. Spousal support duties are always subject to review and a modification of a “change of circumstances.” The seminal case that defines what […]
Thursday January 29, 2009Alimony Reduction Based on Cohabitation1. Can alimony be terminated if a former wife now cohabitates/lives with another man? In some cases if a former wife cohabitates/lives with another companion, this may constitute a “change of circumstances” to justify a change in alimony. If the supported spouse lives with another man, then the court may reduce alimony. However, cohabitation alone […]
Saturday June 18, 2011Alimony Reduction Based on DisabilityAlimony Reduction Based on a Disability 1. Can I have my alimony reduced because I was declared disabled? Yes you certainly have a reasonable chance to win your alimony reduction motion shot. A recent illustrative case is Widney v. Widney, DOCKET NO. A-0128-09T3. Here, the husband filed a motion to reduce his alimony because he […]
Saturday August 28, 2010Alimony Reduction Motions are Decided on a Case-by-Case Basis1. How are alimony reduction motions usually decided? It is very important to emphasize that alimony reduction motions are decided on a case by case basis. This legal concept often makes many litigants very upset and some even enraged. Your case could be exactly like your neighbor’s case who had his alimony terminated. However, you […]
Tuesday August 25, 2009All About NJ Family Court MotionsAll About NJ Family Court Motions 1. What is a motion? A motion is simply an application to the family court. Motions can ask for an endless array of different types of relief. The most common grounds for relief are to increase or decrease child support, to emancipate a child, to compel the payment of […]
Wednesday October 7, 2009Amending Domestic Violence Complaints1. My wife has filed a D.V. case against me solely with the purpose to try to get me removed from the marital home. She is alleging that I slapped her in the face. However, at the trial I anticipate that she will also try raise other allegations of domestic violence that are not even […]
Thursday January 29, 2009An Info Guide for Unmarried Couples1. Is there a “common law” marriage in New Jersey? There was a time when living together in a long term relationship and acting as husband and wife was considered under the law to be equal to marriage. That was called common law marriage and it was abolished by statute in New Jersey in 1939. […]
Saturday November 21, 2009An Info Guide on Determining Child Support1. How can I request the family court to determine, increase, or reduce a child support award? If you want the family court to legally require your ex-partner or spouse to pay child support, then you are required to file a motion with your county family court. Filing a motion can be a very confusing […]
Thursday January 29, 2009Annulment FAQ’s1. I have been married for one year at the end of this month and it seems that the marriage is mutually over. We have no joint assets and no children. What is the difference between an annulment and a divorce? Is there an advantage to one over the other? Most likely you want to […]
Thursday March 12, 2009Appealing an Alimony Award1. I have just finished my divorce trial, and the court issued a judgment of divorce that gave my wife $500 per week in alimony. I am really crushed and I have to appeal because I don’ t want to have to live in a shack. What is the legal standard to appeal an alimony […]
Thursday January 29, 2009Appeals and Divorce1. What is an appeal? An appeal is not a new trial. An appeal is a request by a party (the “appellant”) asking the appellate court to review the decision of the trial court because he or she believes the trial court entered an erroneous decision. The party who opposes the appeal is called the […]
Thursday January 29, 2009Are Anti-Lepis Clauses Legally Enforceable?1. What is an anti-Lepis clause? The seminal Lepis case resulted in the development of “anti-Lepis” clauses in property settlement agreements. These clauses were intended to bar the future modification of alimony. In many cases, the parties will insert a clause in the property settlement agreement that will prevent any modification of alimony even if […]
Thursday January 29, 2009Asset Tracing1. What role does asset tracing have in a divorce case? In most divorces the couples come to court with all sorts of assets. Some of the assets are titled jointly, some are shared, and are never intended to be shared. Asset tracing is simply the process of the documentation and supporting of a claim […]
Thursday January 29, 2009Basic Weapon Issues in a Domestic Violence Case1. Can I lose my weapons if I am arrested for a complaint for domestic violence? When the police respond to a complaint for domestic violence and if they find a weapon(s) present in the home, they may then seize the weapon(s) if they believe it would expose the victim to a risk of serious […]
Tuesday May 5, 2009Blocking a Divorce1. I can’t stand my wife anymore and I want to get a divorce. Is there any way that my wife can block the divorce? A prevailing myth that I often come across is that you need your spouse’s consent to get a divorce. I am repeatedly surprised by the number of people who mistakenly […]
Thursday December 7, 2017Calculating Income for Child Support1. What type of income is child support based on? The New Jersey Court Rules provide that any child support award is based upon net income. Net income is defined as gross income less any taxes and other expenses. The key issue in many family law cases is what other expenses does the court accept […]
Monday November 23, 2009Can I file a case for a legal separation in New Jersey?1. How can I obtain a legal separation in New Jersey? There is no formal case called a legal separation in New Jersey. There is no docket number for a legal separation case. However, there are some scenarios wherein a legal separation may be advisable instead of filing for a standard divorce case. Filing for […]
Monday December 4, 2017Can I move out of New Jersey with my child(ren)?1. I am a divorced mother with two children. I can’t stand New Jersey anymore, and I want to move to North Carolina. What steps am I required to take to move out of this “rat trap” of a state? If a custodial parent wants to move out of New Jersey with a child(ren) there […]
Thursday January 29, 2009Can I Reopen My Divorce Case?1. I was really screwed in my divorce case. Can I file any type of application with the court to reopen my case? Unlike alimony and child support obligations, the terms of equitable distribution are not subject to any modification because of a change of circumstances. Generally speaking, an equitable distribution award is not subject […]
Thursday January 29, 2009Can My Marriage Be Annulled?1. How does an annulment differ from a divorce? Like a divorce, an annulment is a court proceeding that ends a marriage. However, unlike a divorce an annulment treats a marriage as though it never happened. For many people, especially young women, a divorce carries a stigma, and they would prefer that the marriage be […]
Thursday January 29, 2009Car Loans And Divorce1. How should a divorcing couple deal with a joint car loan debt? One of the themes of my web site is to emphasize that a divorcing couple’s problems are not over once the divorce is official. In my experience the “real divorce” entails enforcing the terms of the judgment of divorce. Collecting child support […]
Thursday January 29, 2009Change of the Child’s Surname1. I really hate my husband. He was the biggest cheater on earth, and he has ruined my life. Can I change our son’s last name in the divorce proceedings? Name change litigation is a growing area of family law practice. Each and every year there are more and more cases that are reported on […]
Thursday January 29, 2009Child Custody and Religion1. When parents of different faiths separate, how do courts decide whose religion the children will follow? In today’s world, there are more interfaith marriages than ever before. New Jersey is becoming more multi-cultural each and every generation. As a consequence, our citizens often fall in love and get married to people from different religions. […]
Tuesday December 5, 2017Child Removal Issues1. I have been divorced for five years, and I want to move to another state. I can’t stand New Jersey any longer! What are the requirements to permit me to move away and escape from New Jersey? A custodial parent(s) may only relocate if he or she has the consent of the former spouse. […]
Thursday January 29, 2009Child Support Arrears1. What happens if a parent falls behind on child support payments? When a parent does not make child support payments on time, the overdue payments are called “arrears,” and the person is “in arrears” on payments. Judges have become very strict about enforcing child support orders and collecting arrears. The penalties for a parent […]
Saturday May 2, 2009Child Support Arrears and Credit Reports1. I owe some “serious” back child support. Will this debt nuke my credit report? If you are a person who owes child support arrears in New Jersey, and if you owe at least $1,000, then your arrears may be reported to the three major credit bureaus. Thereafter,  your credit report will be available to […]
Thursday January 29, 2009Child Support FAQ’s1. What is child support? Every child is entitled to support from his parents. The New Jersey child support guidelines are based on the theory that child support is determined in proportion to the parent’s income and assets as well as the child’s needs. All parents, whether natural or adoptive, have a financial obligation to […]
Monday February 9, 2009Child Support in Cases of Underemployment or Unemployment1. I am paying $300 per week in child support for my two children. However, I just lost my job at GM. Can I now go back to court to try to get my child support reduced? The family courts are swamped with motions to reduce child support or alimony based on the grounds that […]
Thursday January 29, 2009Cohabitation Agreements1. What is cohabitation? Living together has never been more popular. According to the 2000 Census data, more than 5.4 million unmarried couples live together. This translates to 10.8 million people. If you have chosen cohabitation over marriage, you are not alone. Cohabitation between married partners has increased more than 1,000 percent in the last […]
Thursday February 25, 2010Cohabitation Agreements are Becoming an Explosive Trend1. Why are cohabitation agreements becoming an explosive trend? Prenups are not just for married people anymore. As more and more young couples move in with each other, many are now negotiating agreements that are referred to as dating prenups. These legal documents are also legally known as cohabitation agreements or “cohabs.” These type of […]
Monday June 7, 2010Collecting Alimony and Arrears by Seizing Pension and Retirement Accounts1. I am in my sixties and I have been collecting alimony on a regular basis from my ex-husband. However, my ex-husband has recently retired and moved to Florida. He has recently stopped paying me any alimony. What are my legal options? If your ex-husband is retired and if he is receiving a pension then […]
Monday December 7, 2020Collecting Child Support: Making Sure the Child Support Gets Paid1. My ex-husband is a dead beat and he owes me $15,000 in back child support arrears. What are my legal rights to try to collect these monies that are rightfully due to me? Collecting child support in these hard economic times is no easy feat. Many child support “deadbeats” beats simply do not pay […]
Sunday January 9, 2011College Saving Plans and Divorce1. What is a 529 plan? A 529 plan is simply a tax deferred college savings plan. The number 529 refers to the section of the IRS code that has established college savings plans. A 529 plan is a tax-free account that can be established up for the benefit of a child. When the time […]
Thursday December 7, 2017Committing Wiretap Fraud on Your SpouseCommitting Wiretap Fraud on Your Spouse 1. Can I commit wiretap fraud on my spouse if I snoop/hack into his computer? Yes, a spouse can certainly commit the offense of wiretap fraud against each one another. If you illegally access your spouse’s e-mails by hacking their PIN number or password, but without his or her permission, […]
Saturday October 10, 2009Conditional Gifts1. Is the engagement ring part of equitable distribution? No, an engagement ring is always considered to be a conditional gift. The marriage is the condition of the gift. See, Aronow v. Silver, 233 N.J. Super 344, 347 (Ch. Div. 1987). Thus, in a divorce the wife gets to keep the engagement ring. If an […]
Thursday January 29, 2009Contempt For Failure to Pay For Child Support1. I am thousands of dollars in arrears in my child support payments. What are some good strategies to avoid being locked up? This is one of the most frequently raised issues that arise in matrimonial practice. Many people don’t understand that when a judge makes an order for child support he is creating custom-made […]
Thursday January 29, 2009Credit Cards and Divorce1. What are the rules regarding joint credit card debt? There are two types of credit accounts: individual and joint. You can permit authorized persons to use the account with either. When you apply for credit-whether a charge card or a mortgage loan-you’ll be asked to select one type. A. Individual or Joint Account(s) Individual […]
Thursday October 22, 2009Custody and Marital Fault1. My ex-wife has committed adultery during our marriage. Can I use this type of marital misconduct against her in a custody battle? One of the most common misconception in any custody case is that if one spouse commits adultery then this act of marital misconduct be used as overwhelming evidence in any type of […]
Monday December 4, 2017Custody and Visitation Rights FAQ’s1. What are the different types of custody? Custody can be divided up into two parts, legal custody and physical custody. Legal custody means that the parent has the ability to make the major decisions about the child’s health, education, safety and welfare. Physical custody refers to which parent the child lives with. 2. What […]
Thursday January 29, 2009Death and Divorce1. Why is life insurance such an important consideration in a divorce case? One of the main considerations in any divorce case is life insurance. If a father or a mother dies then how can the child support be paid. Moreover, if a dependent ex-wife relies on alimony to survive, it can be disastrous if […]
Monday December 4, 2017Defending Against Alimony Reduction/Termination Motions1.  I am locked in a vicious legal battle against my cheap ex-husband. He is trying to have my alimony payments reduced/terminated because I am finally back to work, and I am now earning a decent living. What is the best case that I can cite to the court? Every ex-husband hates to pay alimony, […]
Thursday January 29, 2009Defense of Domestic Violence Cases1. Why is it important to rigorously defend against a domestic violence charge? Domestic violence is a very serious problem in New Jersey. Each year thousands and thousands of domestic violence cases are filed. While most of the domestic violence cases have merit, there are many instances where defendants are falsely accused. Persons who are […]
Sunday October 11, 2009Determining Alimony in Mid-Length Marriages1. How is alimony determined in a mid-length marriage? There are four different types of alimony; permanent alimony, rehabilitative alimony, reimbursement alimony, and limited duration alimony. The specifics of each type of exhaustively discussed in my other articles on this website. A key issue in many divorces of mid-length marriages is whether a dependent spouse […]
Thursday January 29, 2009Determining Child Support in High Income Cases1. How does a court determine child support in high income cases? In high income cases, the determination of child support in a high income case is often a critical task for the family court. In the vast majority of low and middle income cases, the judges follow simply plug in the parties’ income info […]
Saturday October 10, 2009Dissipation of Marital Asset(s) Claims1. What is a dissipation of marital assets claim? In many divorces the parties simply go berserk. It is very common that one spouse may hide and/or spend down marital assets in the anticipation of a nasty divorce. The typical allegations of dissipation include bad business decisions, spending marital monies to support a spouse’s extended […]
Thursday January 29, 2009Dissolving a Domestic Violence Restraining Order1. How can a restraining order be dissolved? The victim has a right under the Domestic Violence Act to either dissolve or modify a final restraining order. The victim must go to the Family Intake to be screened to see if the change if voluntary, without coercion and duress, and be counseled concerning their rights […]
Thursday January 29, 2009Divorce and the Martial Home1. What are my options with regard to the house? The marital home is in most cases the family’s most valuable asset. Upon a divorce, there are three choices that a divorcing couple can choose to equitably distribute the family home. The easiest option is to sell the home and to split the proceeds. In […]
Thursday January 29, 2009Divorce From Bed and Board1. What is a divorce from bed and board? There really is no formal proceeding to have a legal separation in New Jersey. The closest legal proceeding for a “legal separation” provides under New Jersey divorce laws is a divorce from bed and board. There is an outdated legal proceeding called a “divorce from bed […]
Saturday December 12, 2009Divorce From Bed and Board and Health Insurance1. What is the best reason to get a divorce from bed and board? By far the best reason to obtain a divorce from bed and board is to try to keep the price of affordable health insurance affordable for both spouses. There are three options for a dependent spouse to obtain health insurance after […]
Thursday January 29, 2009Divorce Residency Requirements1. What are the residency requirements to file for divorce in New Jersey? In order to file for a divorce in New Jersey, either spouse must have been a resident of the State for at least one year prior to the filing of the action. The only exception to the one-year residency requirement is when […]
Thursday May 7, 2009Divorce Settlements Are Not Always Written in Stone1. I have just lost my job at the GM plant wherein I worked for the last 20 years. I can no longer continue to pay my former wife $250 per week in alimony. Can I go back to court and try to contest my divorce settlement? Yes, you certainly can file a motion to […]
Thursday March 12, 2009Does a Career Change Constitute a “Change of Circumstances” to Justify a Reduction in Child Support and/or Alimony?1. Does a career change constitute a “change of circumstances” to justify a reduction of child support and/or alimony? This is a very difficult question, and the answer it would most likely depend on the individual judge that handles your Lepis motion. Moreover, you will have to provide a real concrete explanation why you are […]
Thursday March 12, 2009Does income averaging work when determining an alimony award?1. I am a stock broker and I was recently divorced. At the divorce trial, the judge averaged my yearly income and then used the mean average to set a ridiculously high alimony award. Now two years later my yearly income has been slashed in half. Is the concept of income averaging a fair and […]
Thursday October 22, 2009Domestic Violence and Child Custody Implications1. Can a DV charge have an impact on a custody case? Absolutely yes. To be blunt if a person is convicted of committing an act of domestic violence then this event may nuke his or her chances to obtain custody of the child(ren). The most important provision of the domestic violence law is in […]
Thursday January 29, 2009Domestic Violence FAQ’s1. What is the Prevention of Domestic Violence Act? The Prevention of Domestic Violence Act applies to a person 18 years of age or older or a person who is an emancipated minor that has been subjected to domestic violence by a spouse, former spouse, or any other person who is a present or former […]
Tuesday January 11, 2011Domestic “Contretemps” Are Not Domestic Violence1. Are domestic contretemps a type of domestic violence? A major issue in many domestic violence cases is whether ordinary family arguing and fighting constitutes harassment under the New Jersey Prevention of Domestic Violence Act. The vast majority of DV cases are based under the charge of simple harassment. As explained in my other articles domestic […]
Monday February 15, 2010Don’t File Your Divorce as an Airhead1. Why is it important to be fully knowledgeable of your family’s financial picture before you file for divorce? Do you know how much your mortgage payment is each month? Do you know what bank holds your mortgage? Is your husband’s life insurance policy current and up to date? Who are the beneficiaries named on […]
Thursday January 29, 2009Don’t Hide Your Assets During Your Divorce1. Why is it critical not to hide your assets in a divorce case? Hiding assets from a spouse during a divorce is not only a sneaky thing to do it is also illegal. New Jersey family law provides that married people have a legal relationship known as a fiduciary duty from the from the […]
Thursday February 25, 2010Don’t Let Your Divorce Ruin Your Credit Report!What steps can I take to ensure that my divorce does not ruin my credit report? The credit card companies are not interested in how assets, homes, and the bills are divided during a divorce case. Credit card companies have only one objective and that is to be paid! If you have  joint credit card […]
Thursday January 29, 2009DYFS Cases1. What is an abuse and neglect case? This is when DYFS has filed a court case against you because it believes that you have abused or neglected your child. DYFS cases are very common in divorce cases. In many cases a vindictive spouse will file a frivolous DYFS case just to annoy their ex. […]
Thursday January 29, 2009Emancipation1. My son just reached the age of 18. Does my child support payments now automatically end? No they don’t. Emancipation only occurs when a child reaches 18 years and/or becomes financially independent. A child is not automatically emancipated at the age of 18. The courts determine emancipation on an individual basis. New Jersey has […]
Monday May 30, 2011Emancipation Because of Poor Grades1. Can I emancipate my child because he is “bombing out” of community college with poor grades? A very common scenario is when child starts bombing out of community college or a four-year college, and then noncustodial parents then wants to try to emancipate the child. Thus, the vexing issue is whether a noncustodial parent […]
Friday January 28, 2011Emancipation Motions and Middlesex County College1. Will a parent’s child support obligations end if the child is attending  or enrolled in the Middlesex County  College? Parents have both a moral and legal obligation to financially support their child from the moment that child is born until that child becomes emancipated. In simple terms emancipation is defined as the time when […]
Thursday May 20, 2010Enforcement of Alimony1. My ex-husband refuses to pay me any alimony as required by our divorce settlement. What steps can I take to enforce the payment of my alimony? There are many reasons why an ex-husband could fall behind on his alimony payments. He may have lost his job, suffered medical problems, his business could have collapsed, […]
Monday March 16, 2009Enforcement of Settlement Agreements1. What is the legal standard to change the terms of a PSA? In New Jersey a “change in circumstances” can constitute grounds to try to increase, decrease, or terminate  child support or an alimony award. Moreover, a “change of circumstances” can also constitute grounds to change the terms of a parenting plan or any […]
Saturday February 21, 2009Enforcing Court OrdersI have a court order that compels my husband to pay me $2,500 in child support arrears, and to also pay for $500 in past due medical expenses for our kids. He refuses to comply with the court order! I want to jump off the empire state building because I am so frustrated. What can […]
Thursday March 12, 2009Engagement Rings and Divorce1. I just broke up with my fiancee. He gave me a $10,000 engagement ring. Do I now have to give the ring back to my former rotten fiancee? Yes, you are legally required to give the ring back to your boyfriend. An engagement ring is not an asset subject to equitable distribution because it […]
Thursday January 29, 2009Equitable Distribution -Loans From Parents in Divorce1. Are gifts from parents subject to equitable distribution in a divorce case? No. N.J.S.A. 2A:34-23 specifically excludes from equitable distribution all gifts received by either spouse from a third party. The third party is in most instances are the parties’ parents. However, it is important to note that inter-spousal gifts are subject to equitable […]
Thursday January 29, 2009Equitable Distribution FAQ’s1. How does property get divided in divorce? New Jersey is an “equitable distribution state.” This means that in a divorce in New Jersey, any property that is acquired during the marriage must be divided in an equitable manner. Therefore, any marital property must be distributed either by a voluntary agreement of the parties or […]
Thursday January 29, 2009Extending the Length of Alimony1. Can alimony be modified? Alimony can be changed. However, it is not easy to convince a court to increase the amount or the length of an alimony award. Alimony only defines spousal support obligations of a spouse in the present. Spousal support duties are always subject to review and a modification under the legal […]
Saturday October 10, 2009Extra Child Support for a Special Needs Child1. Is a special needs child legally entitled to receive extra child support? The child support guidelines simply don’t satisfy the needs of a special needs child. The child support guidelines don’t take into account the many extraordinary expenses that a special needs child always requires. These extra costs include specialized therapy, equipment, medications, special […]
Thursday January 29, 2009Family Law and Bankruptcy1. How does filing for bankruptcy affect a divorce case? Family law and bankruptcy seem to go together like Batman and Robin. For those surfers getting divorced, the bankruptcy issues generally fall into three categories; a) The payment of child support and alimony after a bankruptcy has been filed; b) The enforceability of a property […]
Thursday January 29, 2009Family Law and the New Bankruptcy Code1. How has Bankruptcy Prevention Abuse and Consumer Protection Act of 2005 (2005 Act) affected the practice of family law? There are several major changes that the new bankruptcy code hereinafter referred to as the BACPA has made on the practice of family law. All domestic support obligations are now classified “first” priority claims under […]
Wednesday November 11, 2009Family Offenses in the Municipal Court1. What type of cases are family related cases are filed in Municipal Court? The Municipal Court plays a vital role in domestic violence matters. The Municipal Court is involved in four aspects of domestic violence cases. First, Municipal Court judges often issue temporary restraining orders in domestic violence cases at hours when the Family […]
Sunday March 25, 2012FERPA and College Contribution1. My son has refused to provide me with a copy of his grades/transcript from the Middlesex County College. Do I still have to pay for child support and college contribution if my son refuses to give me a copy of his grades/college transcript? New Jersey divorced parents who help pay for their child’s college […]
Thursday January 29, 2009Filing Joint Tax Returns1. I am in the midst of a nasty divorce with my husband. My husband is a self-employed builder and I am very hesitant in filing another joint tax return with him this tax year. However, he is insisting that I do so because he will save $10,000 on his taxes. Am I legally obligated […]
Sunday December 13, 2009Foreclosures and Job Loss are Making Alimony Difficult to Determine1. How has the economy impacted the determination of alimony? Recently alimony has been severely affected by the recession by the nation;s high unemployment rates. Even though some New Jersey couples might be putting off their dream weddings until the economy improves, some unhappy couples are now delaying their divorces for the same reason. There has […]
Thursday January 29, 2009Gifts, Loans and Divorce1. Are gifts subject to equitable distribution in a divorce case? No. N.J.S.A. 2A:34-23 specifically excludes from equitable distribution all gifts received by either spouse from a third party. The third party is almost always the parties’ parents. However, it is important to note that inter-spousal gifts are subject to equitable distribution. The burden of […]
Thursday January 29, 2009Grandparent Visitation Rights1. What is brief overview of the law regarding grandparent visitation rights in New Jersey? Given the state of New Jersey grandparent visitation rights, it is critically important to understand the legal right of grandparents, the facts that a grandparent must establish, and the factors that the court will consider in any dispute over grandparent visitation […]
Thursday January 29, 2009Health Insurance and Divorce1. How will my divorce impact my health insurance benefits? A divorce causes major issues with health insurance benefits. Many families have an employer provided and/or paid for health insurance benefits that cover health insurance for the entire family. After a divorce, the spouse with the family health insurance coverage can no longer cover the […]
Monday December 7, 2020Helpful Tips on Separation Agreements1. I can’t stand my husband anymore! However, I am not that I want to get a divorce. Can I file for a legal separation in New Jersey? Unfortunately, there is no such type of a case that provides for a legal separation in New Jersey. However, if you and your husband are not ready […]
Thursday January 29, 2009Home Computers, E-Mails and Divorce1. Can I spy on my spouse if he is engaging in a cyber relationship? Cyber flirtations seem harmless to some and dangerous to others. Cyber affairs is a growing phenomenon in the techno age that we now live in. The majority of cyber-flirtations never lead to a physical relationship, and many people believe that […]
Thursday May 27, 2010Hot Tips on Emancipation1. What are the basic principles of New Jersey emancipation law? Most people love their kids. However, in these hard times and given the high cost of living in the Garden State many people count down the days until they can stop paying child support. Child support usually ends when the child is emancipated. Emancipation […]
Friday February 26, 2010How Does the Family Court Determine Alimony?What are the major factors that the court takes into consideration when it determines an alimony award? A. Ability to Pay The most important consideration when determining a person’s alimony obligation is his ability to pay alimony. The court carefully reviews the payor spouse’s gross income. Moreover, the court will then subtract all mandatory deductions […]
Thursday January 29, 2009How to Avoid the Payment of College Costs1. What is the leading case that will assist me to avoid paying for my child’s college costs? The issue of the payment of college costs has exploded in the world of family law. In a perfect world both parents should be thrilled to pay for the costs of college for their children. The parents […]
Thursday July 16, 2009How to Defend Against a DV Charge Based on the Grounds of Harassment1. What exactly constitutes harassment? New Jersey’s Harassment law is set forth at N.J.S.A. 2C:33-4. A person is guilty of a petty disorderly person’s offense of harassment if he: a. Makes, or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively court language, or any other manner […]
Monday March 1, 2010How To Discover Hidden AssetsI am getting divorced from my husband and he is the ultimate sneak! How can I discover all of the money and other assets that he has hidden from me? Once the divorce case starts many will people go berserk and they will hide as much of their assets and money as possible. Moreover, many people have planned their divorces for […]
Monday December 4, 2017How to Fight a New Jersey Removal Case1. I have been divorced for five years, and my ex-wife wants to move to another state. Can I block my ex-wife from moving out of New Jersey with my two kids? In this day and age, it is reality that many people hate to live in New Jersey. In my opinion the major reason […]
Thursday January 29, 2009How to Fight an International Removal Case 1. What are the common signs that may indicate that an international abduction may occur? The chances of an international abduction may increase when a parent has; Previously abducted the child or threatened to do so; There are no strong ties to the child’s home state; There are friends or family living abroad; There is […]
Thursday January 29, 2009Immigration and Divorce1. How do immigration issues affect your divorce case? Each year, more than 400,000 citizens of the United States marry foreign-born persons and petition for them to obtain permanent residence in the U.S. Spouses of U.S. citizens is considered “immediate relatives” under the immigration laws, and are exempt form all numerical limitations. In other words, […]
Thursday January 29, 2009Immigration and Spousal Support: Will the affidavit of support haunt me?1. What is an Affidavit of Support? For many foreigners who seek to obtain permanent U.S. residence through family-based or employment-based applications, the Affidavit of Support INS Form must be filed. This law was implemented in 1996 to further ensure that foreigners likely to become public charges were not admitted to the U.S. The Affidavit […]
Thursday January 29, 2009Imputing Income for Child Support1. When will a court impute income to parents to calculate child support? It is quite common for the income of one parent particularly a father to plummet when marital warfare breaks out. It is also not uncommon for one or both parties to lose a job or to stop working overtime that had been […]
Saturday April 11, 2009Increasing Support Based on Increased Earnings, Financial Windfalls and a Parent’s “Good Fortune”1. My former husband is making boatloads of money now. During our marriage he was only making modest money because he was too busy “chasing skirts.” Can I take him back into court and request an increase in my child support and alimony payments? There are endless situations when it may be advisable to file […]
Thursday January 29, 2009Increasing the Length of Limited Duration AlimonyHow can the term of a limited duration alimony award be increased? The general rule is that the term of limited duration alimony can not be extended without “unusual circumstances.” A recent Appellate Division opinion Rothfeld v. Rothfeld, A-510-06T3 illustrated what type of unusual circumstances might justify increasing the length of a limited duration alimony […]
Thursday January 29, 2009Inheritances and Divorce1. Are inheritances subject to equitable distribution? In most instances inheritances are not subject to equitable distribution in a divorce case. The “black letter” answer to this question is that all property, real, personal or otherwise, that is acquired during the marriage by either party by way of an inheritance is not subject to equitable […]
Thursday January 29, 2009Interference With Visitation1. What is interference with visitation? After a bitter divorce, visitation disputes can linger on for years if not decades. I have seen many people ruin their lives by engaging in mental warfare with their ex-spouse over visitation disputes. In many cases ex-wives use visitation as a bargaining chip to force their ex-husband to pay […]
Monday February 16, 2009Interstate Child Support Cases1. My husband moved to Florida after we got divorced. How can I now collect my child support? In the world of family law many non-custodial parents who just can’t keep up with high child support payments move out of “Jersey.” Many distressed parents can’t deal with the ever pending threat of being arrested for […]
Thursday January 29, 2009Irreconcilable Differences “New Jersey’s Version of a No-Fault Divorce”1. What is New Jersey’s version of a no-fault divorce? On January 20, 2007, Governor Corzine signed into law a change to the divorce statute. The new law created the ground for divorce for irreconcilable differences. Before the law change, most divorce complaints were based on either separation or extreme cruelty. The grounds of extreme […]
Wednesday March 29, 2017Is the GPS Tracking of a Cheating Spouse an Invasion of Privacy?1. Can I track my cheating ex-wife with a GPS or some other type of hi-tech gizmo? The answer to this question is a very “grey” maybe. Technically, a legal argument can be made after reviewing current case law that you can legally place a GPS on your spouse’s vehicle and spy on her. Nonetheless, […]
Tuesday March 3, 2009Is there still a legal right to the triennial review of child support?1. My child support was last determined in 2002, I heard that I have a right to have it reviewed again after three years? Maybe, the key issue is whether your child support was paid by your husband directly to you, or collected by probation. If your child support is collected by probation then you […]
Thursday January 29, 2009Joint Accounts and Divorce1. How are joint accounts distributed in a divorce? Once a couple starts a divorce, there are many loose ends that have to be resolved. Some of the most important of these are of a financial nature. More specifically, all joint accounts that were shared during the marriage must be distributed. All joint savings and […]
Thursday January 29, 2009Keeping Separate Property After You Get Married1. I am getting married next month. I don’t want to get a prenup, but I don’t want to lose my life savings either if my marriage turns into a disaster. What can I do to protect my premarital assets? In a perfect world, you should contact an experienced matrimonial lawyer and have a prenuptial […]
Thursday January 29, 2009Law Enforcement Officers and D.V. Charges1. What happens if a police officer is charged with a D.V. charge? There are many cases wherein numerous law enforcement officers are wrongfully charged with committing an act of domestic violence. Moreover, most of these victims of these frivolous charges have struggled long and hard to get their careers back on track long after […]
Monday May 4, 2009Marital Fault and Misconduct1. What is marital fault? Marital fault means that at least one spouse is guilty of marital misconduct that may be, but is not limited to, adultery, deviant sexual conduct, surfing too much porn, extreme cruelty or inhumane treatment, habitual drunkenness, mental illness, imprisonment, sexual desertion, drug addiction, non-support. 2. What type of behavior constitutes […]
Thursday January 29, 2009Marital Torts FAQ’s1. What is a marital tort? Basically, a tort is a civil wrong, for which the court will provide a remedy in the form of an action for damages. Torts may be intentional, negligent or reckless. They may result in any number of physical or emotion injuries and they also include injuries to property. Torts […]
Thursday January 29, 2009More on the Payment of College Costs1. What type of college related expenses can I request that my former husband pay our son’s college education? It is important to emphasize that college expenses are more than simply tuition, room and board. When you draft your college contribution motion, it is important to include as many college related expenses as possible. These […]
Thursday January 29, 2009Motions for Reconsideration1. What court rule provides a litigant with the right to file a motion for reconsideration? 4:49-2. Motion to Alter or Amend a Judgment or Order Except as otherwise provided by R. 1:13-1 (clerical errors) a motion for rehearing or reconsideration seeking to alter or amend a judgment or order shall be served not later […]
Tuesday December 22, 2009Name Changes in Family Court1. Can I change my name at the time of divorce? Yes, at the time of the final uncontested hearing you will have the opportunity to request that the court permit you to resume your maiden name. If you make this request then you will be asked a few questions at your final divorce hearing. These questions […]
Monday December 4, 2017New Jersey Divorce Guide1. Can you please provide me with an overview of the New Jersey divorce process? The world of New Jersey divorce law is very complicated. Don’t be fooled into believing that you can handle your own divorce case. If you are considering filing for a divorce case, then you should always retain an experienced and […]
Tuesday May 4, 2010NJ Divorce Jurisdiction for Aliens1. I am foreign national from India but I have lived in New Jersey for the past four years on a work VISA. Can I still file for divorce in New Jersey even though I am not a U.S. citizen? New Jersey public policy strongly favors granting all persons who live in New Jersey to […]
Sunday November 15, 2009Parents Living in Different States1. What happens when a couple has a child and they both live in different states? When parents who live in two different states and they want to make their custody arrangement into a formal court order, or when they need to resolve a dispute about custody or visitation parenting time, then it may be […]
Thursday January 29, 2009Passport Disasters Created by Child Support Arrears1. What is the Passport Denial Program? Section 51.70(a)(8) of Title 22 of the Code of Federal Regulations states, in part that if you are certified to Passport Services by the U.S. Department of Health and Human Services (HHS) to be in arrears of child support payments in excess of $2,500, then you are ineligible […]
Thursday January 29, 2009Paternity1. What is the Parentage Act? Pursuant to N.J.S.A. 2A:17-56.7(b), the early establishment of paternity and child support orders creates a basis for individual security and family stability. As a result, the Parentage Act was enacted to address paternity cases N.J.S.A. 9:17-41 et seq. Paternity issues usually arise when child support is sought and the […]
Thursday January 29, 2009Paying Extra Child Support1. Can the court also award additional expenses with respect to the parties’ basic child support obligations? In addition to calculating a straight child support award, the court may also award additional expenses with regard to the parties’ basic child support obligations. The most common expenses that are awarded are day care and health insurance […]
Wednesday February 10, 2010Paying Support for Children Once They Turn 181. I am a divorced father of an eighteen-year son who now lives in New Jersey. I used to live in New Jersey. However, I moved to Texas once I split from my ex-wife. I now pay a $150 per week New Jersey child support order. In Texas child support ends when the child reaches […]
Thursday March 12, 2009Payment of Medical Expenses for the Children1. My wife is requesting that I pay for more than three thousand dollars worth of past medical expenses for the children. She has filed the motion and she is seeking “blood” from me. Will the judge require me to pay for these medical bills even though I was never consulted about them? In the […]
Tuesday August 25, 2009Post-judgment Motions1. What is a post-judgment motion? In these hard times, many PSA agreements, final judgments, or court orders may need to be modified to accommodate the family’s needs of the parties and their children. Child support or alimony payments can always be reduced by filing a post-judgment motion. These motions are also referred to as […]
Thursday January 29, 2009Post-nuptial Agreements1. What is a post-nuptial agreement? A post-nuptial agreement is a contract between spouses. It is similar to a prenuptial agreement except it is signed during marriage. A post-nuptial agreement is entered into in contemplation of an ongoing, viable marriage. As with prenuptial agreements, one or both of the parties usually is seeking to protect […]
Friday February 20, 2009Pre-owned and Inherited Assets1. Why is the issue of pre-owned assets so important in the world of family law? The issue of the equitable distribution pre-owned assets always arises in many divorce cases wherein the parties were married later on in their life, or in second marriages. If one or both of the spouses have accumulated some serious […]
Saturday October 10, 2009Premarital Assets are not Always Excluded from Equitable Distribution1. I am terrified at the prospect of getting married. I have saved a nice nest egg for the past ten years, and I don’t want to lose it if I should get divorced. Are there any types of circumstances when premarital assets are not excluded from equitable distribution? The black letter rule is that […]
Thursday January 29, 2009Prenuptial Agreements1. What is a prenuptial agreement? A prenuptial agreement is also known as premarital agreement or an ante-nuptial agreement. This type of agreement may be used by a couple to determine, prior to marriage, what each party’s rights and obligations will be in the event of divorce. Premarital agreements are governed by the Uniform Premarital […]
Thursday January 29, 2009Prenuptial Agreements For Seniors1. Why is it important to get a prenuptial agreement for a second marriage? Due to an increased life expectancy, a 50% or higher divorce rate in the United States, and an increasing amount serial marriages, prenuptial agreements are now widely accepted. It is very important for seniors to approach the idea of a prenuptial […]
Thursday February 11, 2010Protecting Family Heirlooms and Other Assets in a Divorce1. How can I protect my family heirlooms in a divorce case? The answer to your question depends upon what type of assets are at issue, when and how they were acquired, and whether or not your spouse played any part in any increase in their value. In New Jersey all property, except for gifts and […]
Thursday January 29, 2009Recognition of Foreign Country Divorce Judgments1. What is the “black letter” law with regard to the enforcement of a foreign judgment of divorce? A judgment of divorce issued in a foreign country generally is recognized in a state in the United States on the basis of comity (Hilton v. Guyot, 159 U.S. 113, 163-64 (1895), provided both parties to the […]
Friday April 10, 2009Reducing Alimony Based on Loss of Employment or Reduced Earnings1. I have recently lost my job making a six-figure job on Wall Street. I am now working as a sales rep for a local New Jersey company, and I now only earn $60,000 per year. What are my chances to reduce my $300 per week alimony award if I file a motion to reduce […]
Wednesday August 25, 2010Reducing Alimony Because of Disabililty / Illness1. What happens when a payor/spouse becomes disabled and he is no longer financially able to pay his alimony payments? If you can’t work the same job and if make the same income that you used earn, then you can file a motion to reduce/terminate your alimony payments because of illness or disability. Illness and […]
Thursday August 19, 2010Reducing Child Support and Alimony Because of the the Recession1. I can’t afford to live any more because of my outrageous child support and alimony payments. Can I file a motion to reduce/terminate my support payments based on the recession? What happens if the New Jersey family court has ordered you to make child support and/or alimony payments and you no can longer possibly […]
Monday April 19, 2010Reducing Child Support in These Hard Economic Times1. Could you please provide a brief overview on the current status New Jersey’s laws on reducing child support? New Jersey child support modification laws are now being fiercely debated more than ever in the family courts. The family courts are now swamped with endless motions to request reductions of child support. New Jersey’ites are […]
Sunday August 22, 2010Reducing/Terminating Alimony Based on the Grounds of Inheritance1. I am paying my ex-wife $300 per week for permanent alimony. My former father-in-law has just died, and he will bequeath to my former wife approximately $500,000. Can my ex-wife’s inheritance be legal grounds to reduce/terminate my alimony payments? Yes, if you review New Jersey case law it is clear that if a dependent […]
Saturday February 14, 2009Registering an Out of State Child Support Order1. I used to live in Florida, and I obtained a child support award of $200 a week. I recently moved back to New Jersey to be closer to my family. Will New Jersey still enforce the child support order that originated from the Florida? Yes, this order will enforced in New Jersey. However, first […]
Thursday January 29, 2009Removing a Spouse from the Martial Home1. Can I request that the court bar my husband from the marital home during our divorce? A very common question that I receive is whether one spouse can request that the court bar the other spouse from the marital home. In most cases a spouse can only be barred from the marital home if […]
Thursday January 29, 2009Retirement and Alimony1. What is retirement’s effect on alimony obligations? Retirement is a time in a person’s life which many men look forward to. Unfortunately, if a divorced husband has a hefty alimony obligation, then this may throw a “monkey wrench” into his retirement plans. The issue of retirement often comes up frequently when alimony issues arise. […]
Sunday May 29, 2011Retroactive College ContributionRetroactive College Contribution 1. Are there legal grounds to file a motion for retroactive college contribution? This is a great issue that arises in most college contribution motions. In many college contribution cases they really turn into a massive civil litigation with “big bucks” on the line. Quite often the divorced father has moved on […]
Thursday January 29, 2009School Law and Divorce1. Why is school law such an important part of the divorce process? In many divorce cases the child’s education is a major issue. Unfortunately, many lawyers overlook school law issues in the separation agreement or in the judgment of divorce. A judgment of divorce should be carefully prepared to address the potential pitfalls that […]
Thursday January 29, 2009Sealing the Record of Your Divorce Case1. Can I seal the record of my divorce case? In most cases the records of your divorce case will not be sealed. Pursuant to Rule 1:2-1 all trials, hearings of motions and other applications, pretrial conferences, arraignments, sentencing conferences and appeals shall be conducted in open court, unless otherwise provided by rule or statute […]
Saturday May 2, 2009Seizing Your Tax Refund to Pay for Child Support Arrears1. How does New Jersey Probation go about seizing a tax refund to pay off back child support? One of the most popular way to collect past child support arrears is for Probation to “zap” your federal tax refund. This is very disheartening to the payor, but it happens quite often. The common term that […]
Thursday January 29, 2009Separation Agreements1. What is a legal separation? There really is no formal court proceeding to obtain a legal separation in New Jersey. There is an outdated court proceeding called a “divorce from bed and board” that is similar to a legal separation. Basically, a divorce from bed and board is a legal proceeding that is not […]
Wednesday May 25, 2011Settlement Agreements on the Issue of College ContributionCan the parties agree by way of settlement for the payment of college? The parties can always agree by way of a settlement agreement or via a consent order to fix the payment arrangement for college expenses. In the world of your local family court the constant mantra is always to try to settle your […]
Monday March 9, 2009Seven Tips for Trying to Reduce Alimony in this Economic MeltdownIf you listen to the news, then you are constantly hearing about how the banks have failed, the stock market has crashed, people have lost one half of their retirement savings, and how the auto industry is dying. However, unfortunately you don’t hear all that often as to how the economic meltdown is wreaking havoc […]
Thursday January 29, 2009Should a non-custodial parent be required to pay for a public college or a private college?1. My son wants to go to Harvard University; however, I only earn $50,000 per year. I have advised my son to apply to Rutgers or to another public college located in New Jersey. Will I be required to pay for his tuition at the more expensive private college? Every application to require a parent […]
Monday December 4, 2017Should I be awarded open durational alimony alimony or limited duration alimony?1. I was married for 11 years and I am now getting a divorce. My husband insists that I should only receive limited duration alimony. However, I insist that I should receive open durational alimony. Who is right here? Each alimony case stands on it’s own individual facts. Moreover, let’s get real here; Some judges […]
Wednesday September 15, 2010Social Media and the Family Court1. How does social media websites effect a divorce case? Over the last five years or so, evidence from Facebook, Twitter, MySpace, blogs and other social media has been used in all types of family law cases. Social media evidence is now routinely used in divorce cases, alimony reduction/Lepis hearings, child support hearings, and child […]
Monday February 9, 2009Social Security Benefits and Child Support  1. How are social security benefits treated when calculating child support? It is critically important to differentiate between the different types of social security benefits that are received by the recipient or the child support payor. There are two types of social security benefits that a person can receive. A recipient can either receive […]
Thursday October 22, 2009Sole Custody versus Joint Custody1. What are the benefits of sole custody when both parents are equally fit? Sole custody means that one spouse has residential custody of the child as well as the right to without any consultation to make all of the day-to-day and major decision for the child. The custodial parent as the right to make […]
Saturday August 14, 2010Some Helpful Advice on Reducing Alimony1. How can the recession improve my chances to reduce/eliminate my alimony payments? Massive job losses and pay cuts have caused many divorced men to file a record amount of motions to reduce or even terminate their alimony payments. The new reality is that the economy has collapsed, and now many divorced men simply can’t […]
Sunday June 21, 2009Some Helpful Tips on Reducing Your Child Support/Alimony Payments in these Hard Times1. What are my chances of success if I file a motion for a reduction of my child support and/or alimony? The economy is terrible in New Jersey. Businesses are leaving the Garden State in droves. What happened to all of the factories in New Jersey? Maybe globalization was not such a great idea? What […]
Thursday January 29, 2009Spying On Your Spouse1. I believe that my spouse is cheating on me. Can I legally spy on her? Many people these days use all kinds of spying methods on their cheating spouses. But most of them are not aware that using spying equipment or surveillance services could be illegal. They could find themselves in a thorny legal […]
Wednesday May 19, 2010Tax Consequences of Alimony1.  What are the tax rules on alimony payments? One of the worst parts about getting a divorce is that you may be legally required to pay alimony. After you pay your taxes, and your normal every day bills, paying for alimony can be draining. However, there is a silver lining to the misery to […]
Wednesday March 11, 2009The Bad Economy is Forcing Many Divorced Spouses to Try to Reduce Their Alimony and Child Support Payments.1. Is the bad economy forcing any divorced spouses to try to reduce their child support and alimony payments? Absolutely. In this day and age the family courts are swamped with Lepis motions that are requesting to reduce alimony and child support payments. When a couple reaches a divorce agreement, they are hopeful that after […]
Friday August 20, 2010The Divorce Discovery Process1. What is the discovery process in a divorce? Basically it is the exchange of all of the financial information between the spouses. After the divorce case is filed the case will then be assigned a track. This simply means that the court will give the parties the case a certain amount of time to […]
Tuesday December 5, 2017The Enforcement of Mediation Agreements1. What are the pros and cons of mediation? Mediation is all of the rage in family court these days. However, in my professional opinion mediation is very over rated. There are basically several types of mediation. If you are getting divorced, and if you get to settle your case at the ESP, then the […]
Thursday November 19, 2009The Enforcement of Out-of-State Restraining Orders1. Are out of state restraining orders enforceable in New Jersey? Domestic violence crosses state boundaries. Victims may leave the states where they had resided and where they had obtained restraining orders to protect themselves against further attacks by their abusers. Under the federal Violence Against Women Act, a victim who has a restraining order […]
Monday December 4, 2017The Five Types of Alimony1. What are the different types of alimony? If you are getting divorced in New Jersey, then alimony could soon be one of your biggest headaches. There are five types of alimony. In this article, I will provide you with an overview of each type of alimony. Alimony is also commonly referred to as spousal […]
Thursday February 11, 2010The Grounds for Divorce in New Jersey1. How long do I have to live in New Jersey before I can file for divorce here? It is important to be educated on the fact that with only one exception, a complaint for divorce cannot be filed in New Jersey, unless one of the spouses has been a resident of New Jersey for at […]
Wednesday February 10, 2010The New Jersey Divorce Process in the “Real World”1. Can you please provide me with a “quickie” overview of the New Jersey divorce process? All divorce cases are different and each one has different legal issues and twists. Some divorces are routine and ceremonial. However, more often than not your divorce case can be your own unique and individual nightmare. On a serious note […]
Thursday January 29, 2009The Terminal Date for Equitable Distribution1. Why is the terminal date for equitable distribution so important? In many divorce cases a critical important issue is when is the “cut off” date for equitable distribution. This basically means at what point in time are the marital assets counted to determine equitable distribution. In many marriages the parties stay separated for a […]
Thursday January 29, 2009The Top Ways Your Spouse Can Hide Money Through His Work1. Why is it important to thoroughly investigate whether your husband is hiding money during the divorce process? Hiding your true income is an art form, and it is a major issue in more than one half of the family law cases that I encounter. A review of this set of FAQ’S will help you […]
Sunday October 18, 2009The Two Types of Divorce in New Jersey1. What is an uncontested divorce? An uncontested divorce occurs about when the divorcing couple agree to all of the key issues in their divorce. The parties agree to all terms and they reduce their agreement to writing in a contract called a property settlement agreement (PSA). Thereafter, the parties have to go to court […]
Thursday January 29, 2009Third Party Custody Cases1. Does a third party have a legal right to file a custody case? Yes. However, every custody case is different, and each case must be carefully evaluated. In today’s world third-party custody cases are steadily increasing. Most third party custody cases involve disputes with grandparents and the biological parents. Grandparents are now routinely living […]
Monday February 9, 2009Transfering Premarital Assets to Joint Names But Without Donative Intent1. If a spouse transfers premarital assets into a joint account during the marriage, how are these assets then treated if the parties get divorced? In today’s world, especially in second marriages, premarital assets are often placed in joint names during the marriage. There are many reasons why premarital assets are placed into the other […]
Thursday January 29, 2009Unmarried Relationships1. Is there a “common law” marriage in New Jersey? There was a time when living together in a long-term relationship and acting as husband and wife was considered under the law to be equal to marriage. That was called common law marriage and it was abolished by statute in New Jersey in 1939. Since […]
Thursday January 29, 2009Violating a Restraining Order1. What are contempt proceedings? In many cases a restraining order simply is written in an unfeasible manner. In most instances, divorced couples still have to raise their children together even when a restraining order bars them from having any contact with each other. When the parties are married, a Family Court will issue a […]
Monday December 4, 2017What are the Different Types of Alimony in New Jersey?1. How many different types of alimony are there in New Jersey? There are four different types of alimony in New Jersey, and they are classified as limited duration alimony, rehabilitative alimony, reimbursement alimony and open durational alimony. The primary purpose of alimony is to permit one spouse, typically the spouse with lesser earnings or […]
Monday February 16, 2009What are the eight major steps to determine child support?1 – Deciding the Fair Income of Both Parents – There are many pages in the Rule that talk about different kinds of money. The child support guidelines provide that almost all kinds of income must be used to calculate child support; even things like overtime, lottery winnings, and unemployment benefits must be added in. […]
Sunday March 25, 2012What Constitutes Full-Time College Enrollment/Attendance?What Constitutes Full-Time College Enrollment? 1. How do the courts defense full-time college enrollment? In the world of family court, a common issue is whether “sonny boy” or your daughter is a full time student. This question often becomes a game of “cat and mouse.” If your child is a full time student then you […]
Thursday February 26, 2009What is a plenary hearing and when is one required?1. I have filed a motion to have reduce my alimony payments, and the court granted me a plenary hearing. What the “hxll” is a plenary hearing and is one expensive? Plenary hearings are all the rage now in family court. It seems that nearly one half of the motions that I file now end […]
Saturday June 20, 2009What is an Appeal All About?1. What is the appeal process all about? Most people appeal their case because they simply are unhappy with the judge’s decision and they want a do over. However, it is important to emphasize that just because you are unhappy with the judge’s decision this is not enough to justify filing an appeal. 2. Where […]
Wednesday June 24, 2009What is the Early Settlement Program (ESP) All About?1. What is the ESP? The early settlement panel is an alternative dispute resolution program. The goal of the early settlement program is as the name implies to try to have the parties reach a settlement of the issues in dispute between you and your spouse as soon as possible and in the most efficient […]
Monday December 4, 2017When does open durational alimony ever end?1. I have been paying open durational alimony forever. When is “enough is enough?” The area of alimony is perhaps the most emotional issue in the field of family law. Open durational alimony has replaced the option for permanent spousal support in New Jersey. This is typically only granted to married couples that were married […]
Saturday May 28, 2011When Should You File a Motion for College Contribution?Any motion for college contribution  should be filed before your child starts college. This is a “no brainer.” In the recent seminal case of Gac v. Gac, 186 N.J. 535 (2006), the noncustodial parent was not consulted as to the selection of a college, or as to how the tuition and room and board for […]
Wednesday February 11, 2009Which spouse can claim the dependency exemption(s)?1. I have been divorced for two years, and me and my ex-wife have been constantly fighting over claiming the dependency exemptions for our children. Who is legally entitled to claim these dependency exemptions? In most divorce cases, the parties reach an agreement as to which spouse can write off the children, and claim them […]
Thursday January 29, 2009Who should pay for the cost of college?1. Who should pay for the cost of college? In most circumstances, the privilege of parenthood carries with it the duty to assure that the child receives a good college education. Our courts have held that, in general, financially capable parents should contribute to the higher education of children who are qualified students. In evaluating […]
Monday November 23, 2009Winning an Emancipation Motion1. What is the burden of proof in an emancipation motion? Motions for emancipation are filed every day in the family courts. In fact it is probably the most popular type of motion filed in the family court. In New Jersey there is no set age when a child will be declared emancipated. Each case […]
Thursday January 29, 2009Wiretapping and Divorce1. Can a person record or tape a conversation of his or her spouse? Pursuant to federal and state wiretapping statutes, a person is legally permitted to record and tape a conversation only if the person who is doing the recording or taping is a party to the conversation. A person can’t tape a spouse […]
Thursday January 29, 2009You’re Not Finished Yet: Fifteen Post-Divorce Tasks You Can’t Blow OffFifteen Post-Divorce Tasks You Can’t Blow Off What does it mean to get a final judgment of divorce. It means that you have a legal document that says that you are no longer married. Moreover, it means that there is a bunch of details to attend to make sure that the terms of the judgment […]
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