New Jersey Divorce Lawyer Blog

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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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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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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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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Domestic Violence – Violence Against Children: Part 2

The statistics listed in the prior post are telling. Children are victims of violence on a daily basis at an alarming rate. I have talked to women who say that their kids are too young to understand what’s going on in the home or they think that because the child isn’t old enough to express verbally what is occurring, that they may not be effected. In addition, some people may think that because the child isn’t being physically or emotionally abused that they are safe.

In my experience, children are very perceptive. Even if they can’t walk or talk, they understand emotion. Children recognize when mommy or daddy is angry, upset, nervous or sad. Children can sense tension in the home. Domestic violence can have very serious consequences for you and your children. But there are so many resources to help you and your family through this troubling time. The law can protect you and your children from further abuse.

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The majority of the law I practice involves helping women through difficult divorces where domestic violence is present. One of the most difficult situations to address is violence against the children present in the home, or while the children are present.

www.endabuse.org is a great website that states some of the staggering statistics on domestic violence and children. Here are a few of them:

• A study of over 6,000 American families showed that 50% of men who frequently abuse their wives also abuse their children.
• Over 50% of women who are victims of domestic violence live have children under the age of 12 living in the home where the violence occurs.
• Somewhere between 3 and 10 million children per year witness some form of domestic violence.

The bottom line is that children who live in homes with an abuser, whether they are being physically harmed or not, will suffer the consequences.

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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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Divorce and Pensions

Pensions or 401k or any other retirement account is an asset subject to equitable distribution. The amount you are entitled to is the amount that was accrued during the course of the marriage (the date you were married through the date the Complaint for Divorce was filed). The Divorce Reform Act of 1988 created a way for non-participating spouses to obtain the benefits just as the participating spouse through a Court Order called a QDRO.

QDRO stands for Qualified Domestic Relations Order. Most companies have a separate legal department to handle the entry of these orders. They are quite complicated to complete and each employer may have their own form they require. You should consult with your attorney to have them handle the preparation of this special order.

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Pendente Lite Alimony

This is a type of potentially temporary alimony that begins before the divorce is final and/or a property settlement agreement is agreed upon by the parties. The purpose is to keep the status quo until the parties are finally divorced. The awards can be changed by the court or the parties but it is very difficult, as a practical matter, since the judge applies all of the pertinent factors that would be analyzed in reaching a final, permanent alimony.

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Rehabilitative Alimony

The purpose of rehabilitative alimony is to permit the spouse to re enter the workforce to permit them support themselves in a reasonable time. Types of expenditures include college tuition or the job training expenses for their ex-spouse. The term of the alimony depends on many factors such as how long the spouse has been out of the workforce and the extent of training and schooling needed. The main difference between rehabilitative and permanent alimony is the temporary nature of rehabilitative alimony.

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What is permanent alimony?

Permanent alimony is for spouses of long term marriages, over ten years, who have become accustomed to a certain lifestyle due to income or children issues. The purpose of this alimony is to assure that the spouse maintains the lifestyle to which she has become accustomed. As is the case in all family law issues the court will do what is considered fair to the litigants after a careful analysis of all the facts. The following is a list of factors that the court will probably look at in making any decision.

1. Parties need and ability to pay;
2. Length of the marriage;
3. Age and health of the litigants;
4. The standard of living and the chances on maintaining that with alimony;
5. Earning and employability issues of the litigants;
6. How long has the seeking spouse has been out of the job market;
7. Who cares for the children;
8. What are the options for training to enter the workforce;
9. The history of the financial or non-financial contributions;
10. What is the status of any equitable distribution;
11. Availability of income to litigants;
12. Tax concerns
13. Any other factors which the court may deem relevant.

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Are There Different Types of Alimony? YES

There are several types of alimony with several different purposes.

Permanent Alimony

Rehabilitative Alimony

Limited Duration Alimony

Reimbursement Alimony

Alimony pendente lite

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How much money does my spouse earn?

In most cases, the income of both parties can be determined by looking at recent tax returns, pay stubs and recent W-2s. Determination of income becomes more difficult if you own your own business or work at a job receiving tips or commissions. Also, if you own rental properties or investment properties income can be difficult to establish. You can always hire an expert accountant to do an analysis of income if your situation is complicated.

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Is property is subject to equitable distribution even if "spent" by a spouse

The Legislature did not define ‘dissipation’ of marital property [when it required the courts to look to the issue under N.J.S.A. 2A:34-23.1. It is clear however that the concept is a plastic one, suited to fit the demands of the individual case...Dissipation may be found where a spouse uses marital property for his or her own benefit and for a purpose unrelated to the marriage at the time when the marriage relationship was in serious jeopardy.” Kothari v. Kothari, 255 N.J. Super. 500, 507 (1992).

“In resolving this issue, courts have considered a variety of factors, including, ‘most commonly,’ the following:

(1) the proximity of the expenditure to the parties' separation,
(2) whether the expenditure was typical of expenditures made by the parties prior to the breakdown of the marriage,
(3) whether the expenditure benefited the "joint" marital enterprise or was for the benefit of one spouse to the exclusion of the other, and
(4) the need for, and amount of, the expenditure.” Id.

“The question ultimately to be answered by a weighing of these considerations is whether the assets were expended by one spouse with the intent of diminishing the other spouse's share of the marital estate.” Id.

If you are about to be divorced or in the process of separation be careful what you spend because you might have to pay some of it back to your spouse.

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Do I get more money if my spouse is cheating?

Adultery will not effect the distribution of assets in most cases and does not add to your potential alimony claim. There are some exceptions to this rule. For example, if your spouse has generated debt based on the extramarital affair you may be able to avoid responsibility for that particular liability. However, you should not expect to get a large alimony settlement just because your spouse was unfaithful.

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