New Jersey Divorce Lawyer Blog

Is the Bad Economy Increasing or Decreasing the Divorce Rate?

It certainly is an interesting question. I am sure that research will be done on this question in the future, but my guess is that the bad economy will increase the divorce rate eventually. There is the argument that people will not be able to afford a divorce, thereby decreasing the divorce rate. Maybe people will stay in a bad marriage because they know they cannot support themselves with a single income. And what happens if you can’t sell your house? Do you live with your ex-spouse for upwards of six to twelve months post-divorce just because the house hasn’t sold and no one can afford to keep it on their own?

These questions are the same questions plaguing many of the clients I represent and potential clients seeking advice. It is hard to know how long the country will be in this downward spiral, but as long as the housing market struggles, the decision to file for divorce may be a little more difficult.

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Posted In: Divorce Lawyer , Domestic Violence , Family Law Lawyer , Statistics

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Child Support Guidelines – Sole Parenting v. Shared Parenting

When calculating child support, New Jersey has two separate support worksheets, a sole parenting worksheet and a shared parenting worksheet. To qualify for a shared parenting worksheet, the non-custodial parent, or the parent of alternate residence, must have at least 104 overnights per year, or two nights per week.

A shared parenting situation obviously affects the support paid due to the significant time both parents are spending with the children. As stated above, although a shared parenting worksheet gives credit to the parent of alternate residence for fixed costs, controlled costs are not adjusted absent a showing of need for that adjustment.

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Child Support Guidelines – What is Included?: Part 4

Even when the non-custodial parent is spending at least two nights per week with the children, there still is not an automatic adjustment for controlled expenses. Controlled expenses include entertainment for the kids, fees, memberships for sports or other activities, lessons, books, magazines and other miscellaneous items.

If you are the non-custodial parent and are regularly incurring these types of costs, you can go to the court and ask for an adjustment. The burden to prove you are incurring these costs will be with you so make sure you talk to a professional before going into court.

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Posted In: After the Divorce , Alimony , Child Support , Divorce Lawyer , Domestic Violence , Lawyers Fees

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Child Support Guidelines – What is Included?: Part 3

Variable Costs – the court has allocated 37% of the basic child support award to variable costs, ie. Food and transportation. These costs are adjusted by the court when the non-custodial parent has a regular visitation schedule. It makes sense when you think about it because if the non-custodial parent is spending a set amount of time with the kids, he/she will be incurring these variable costs on each visist.

This category includes all food and beverages, all costs associated with your vehicle (lease payments, gas etc.), parking fees and tolls. The foregoing expenses are not exhaustive, so make sure you have access to a professional with all of the information.

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Child Support Guidelines – What is Included?: Part 2

The previous post laid out the three different categories of expenses that are included in the basic child support award. Let’s start with an explanation for fixed costs.

Fixed costs - according to the court, fixed costs account for 38% of the child support award. These are costs incurred even when your children are not residing with you., ie: housing and utility costs. This category also includes mortgage interest payments, home equity loan payments, repairs or maintenance on the housing, rent, and miscellaneous household equipment.

Fixed costs will be adjusted when the non-custodial parent is spending at least two overnights per week with the children. Consult with an attorney to find out additional specifics on this category and if the court will consider an adjustment based on extraordinary expenses in this area.

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Posted In: Alimony , Child Support , Divorce Lawyer , Domestic Violence , Domestic Violence Lawyer , Family Law Lawyer , Grounds for Divorce , Lawyers Fees , Online Resources , Statistics

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Child Support Guidelines – What is Included?: Part 1

The basic child support award takes many expenses into consideration. New Jersey has broken those expenses down into three different categories. Fixed costs, variable costs and controlled costs. This may seem a bit specific for those of you reading this entry, however, it is important to note that the court can adjust the award based on fixed or variable costs, but not for control costs.

Stay tuned for the differences between these types of expenses. Knowing which of your expenses falls into which category can help you when applying for an adjustment to your child support.

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Posted In: Child Support , Divorce Lawyer , Family Law Lawyer , Lawyers Fees , Online Resources

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New Jersey setting trends for Protecting Victims of Spousal Abuse

New Jersey has finally gotten the system into place which allows law enforcement all across the country to access a database listing all final restraining orders issued in the state. For more information check out:

Online Resource for restraining orders

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Case Information Statements – How do they help determine alimony?

As I have posted in previous entries, alimony is determined by the court reviewing a number of different factors. In my experience, the most important factors are one spouse’s need for alimony and the standard of living established during the marriage. Case Information Statements include evidence of both of these factors.

A spouse’s need for alimony can be determined by the monthly budget put together in the Case Information Statement. It is important that you take your time in filling out the budget, using accurate figures for expenses during the marriage and current expenses if you or your spouse has moved out of the marital residence.

The standard of living during the marriage may be a little more difficult to determine, however, courts may look at the joint budget in the Case Information Statement. The court will also look at the marital assets and liabilities to determine how the parties lived while together. It is true that the budget is not the not the only way to determine alimony but it certainly plays a huge role.

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Posted In: After the Divorce , Alimony , Child Support , Divorce Lawyer , Grounds for Divorce

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Case Information Statements – How important are they?

Every time I meet with a new client and provide them with the forms they need to complete, I get a sense that people become overwhelmed with the dreaded Case Information Statement.

What is it? The CIS is probably the most important form you will fill out during the divorce process. It plays a heavy role in calculating child support, alimony and helps determine what assets and liabilities are subject to equitable distribution. So, take your time with this form. Ask your attorney for help and make sure it is accurate. Sure you can always update it, (and are required to update it toward the end of the process) but it is best to be as complete as possible.

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Posted In: Divorce Lawyer , Domestic Violence , Family Law Lawyer , Grounds for Divorce , Online Resources

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Domestic Violence – Stalking: Part 3

On a few occasions I have heard people I represent tell me that the situation isn’t that bad, because they are not being hit. They tell me that, eventually, if they ignore the behavior it will simply go away. Well, that may be true in some instances, and ignoring the behavior may be better than feeding into it, however, there are a couple of statistics that may be helpful.
• Each instance of stalking lasts an average of 1.8 years.
• Each instance of stalking lasts an average of 2.2 years if it involves a current or former domestic partner.
According to the statistics the situation will not just go away in many cases. You may need to consult with a professional about your particular situation to help guide you in the right direction.

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Posted In: Divorce Lawyer , Domestic Violence Lawyer , Lawyers Fees , Statistics

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Domestic Violence – Stalking: Part 2

Like other types of domestic violence, stalking often escalates into physical encounters and can last for long periods of time if you do not get help to put an end to it. Here’s some more troubling statistics on stalking:
• Women who are stalked by a domestic partner will be physically assaulted by that same person 81% of the time.
• Women who are stalked by a domestic partner will be sexually assaulted by that same person 31% of the time.
Legal professionals can help guide you in the right direction to put an end to the cycle of domestic violence. It is never easy to get out of these types of situations, but with the right advice, you can be on your way to freedom.

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Domestic Violence - Stalking: Part 1

Stalking is against the law in New Jersey. N.J.S.A. 2C:12-10 is the criminal statute for stalking. Here are some interesting statistics from the Stalking Resource Center:
• Over 1 million women and almost 371,000 men are stalked every year in the U.S.
• 1 out of 12 women will be stalked at some point in their lifetime.
• 77% of female victims know their stalker.
• 87% of people who commit stalking offenses are men.
These statistics paint a very serious picture. Stalking is a huge problem and can very easily escalate into a physical situation. Contact your local law enforcement immediately if you have suspect someone is stalking you. With the help of a qualified attorney, you can obtain a restraining order and help put an end to the fear.

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Posted In: After the Divorce , Alimony , Child Support , Divorce Lawyer , Domestic Violence , Domestic Violence Lawyer , Family Law Lawyer , Grounds for Divorce , Lawyers Fees , Online Resources , Statistics

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