New Jersey Divorce Lawyer Blog

Domestic Violence – Effects on Children

Statistics presented by the National Coalition Against Domestic Violence have shown that in the year 2006, 3,888 children were involved in and 20,857 were present during a domestic violence offense. I cannot stress enough that even if you think your children have not witnessed the violence or they are too young to understand what is going on, they can. Children are extremely perceptive even at a very young age and can sense when violence is occurring.

More importantly, the statistic above is particularly insightful because studies have shown that boys who witness domestic violence are twice as likely to abuse their partners in the future. Legal professionals can help you to protect yourself and your children from continued domestic violence. Please contact us today with any questions.

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Domestic Violence – What are the facts?

The sad truth is that 1 out of every 4 women will experience domestic violence in
their lifetime. It is truly an amazing statistic that is staggering. Check out this website to get more statistics on the extent of domestic violence in New Jersey.

More facts on domestic violence

If you are being abused, either physically or emotionally, there are alternatives for you and your children. They are people who can help. The best thing to do is contact your local domestic violence hotline to get more information on how to solve the immediate problem.

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

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Domestic Violence – Can I change the locks on the marital residence?

This is a very common question I get from people who are trying to forcible remove their spouse from the marital residence. If you are going through a divorce and simply do not want to live with your spouse any longer, you cannot just change the locks. Both parties have a right to remain in the home.

However, if you have obtained a restraining order, and you have been granted permission to remain in the home, you CAN change the locks. In fact, to protect the safety of you and your children, you should get the locks changed as soon as possible.

In addition, if your spouse has voluntarily moved out of the home and is staying with a relative or his/her own space, you may be able to change the locks. You should know that it is always best to get advise from a lawyer based on your individual circumstances before you take any action.

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Domestic Violence – What can I do at home to increase my personal safety?

Getting the person who is abusing you out of your home is only the first step in a difficult and emotional process. When I go to court and help clients obtain final restraining orders, they are often faced with the problem of increased hostility and need direction in how to make their homes safe. There are some things that you can do to help make your home safe for you and your children. The Violence Prevention Fund has offered this list of safety tips:
1. The first thing you should always do is to change the locks on your doors and any windows. It is also important to keep the house locked even when you are at home.
2. If you can afford to do so, install a security system.
3. Make sure you always have your car doors locked, even if the car is in your driveway or garage.
4. Talk to your children and make sure they know how to call family members, friends or 911 if the abuser returns to the home.
5. It is also a good idea to establish a code word that friends and family know is a call for help. It is very important to keep as many supportive people around you as possible. Friends and family can be invaluable resources.
6. If you do have children, make sure you talk to their caregivers, either their school or day care to give them a list of who has permission to pick them up.

USEFUL RESOURCES

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What other expenses might a court add to the basic child support obligation?

Once the net income of both parties is calculated and the basic support obligation has been determined, the court may add to that obligation for certain expenses. For example, if you have work related day care costs, the court will add that to the basic support award. In addition, the cost of adding your child to your health insurance will also be included. The court may also approve private education costs, special needs of disabled or gifted children and transportation expenses for visitation with a parent who may live in another state.

Some children may also have predictable or recurring unreimbursed medical costs. The court will add these costs into the support figure to make sure that the medical needs of the child are attended to without a financial struggle for the custodial parent. Remember that these additional expenses are within the court’s discretion to award and it may be in your best interest to talk to a lawyer to get some advice on the best way to present your case to a Judge.

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Posted In: Child Support

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What is “income” for the purposes of calculating child support?

Child Support takes into account the gross income of both parents. Gross income has been defined in the rule as all earned and unearned income that is recurring over an extended period of time. Now, keep in mind that the court will always have discretion in determining what income is recurring and what counts as an extended period of time.

Here are some examples of what the court will consider as income: wages, tips, bonuses, alimony, any distributions from a retirement account, IRAs, civil lawsuit awards, unemployment benefits, worker’s compensation benefits, gambling or lottery winnings, interest in decedent’s estate, or operation of a business. This list is not exhaustive so the best thing to do is contact an attorney if you have additional questions about what a court may consider.

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