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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Posted In: Divorce Lawyer , Family Law Lawyer

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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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