New Jersey Divorce Lawyer Blog

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.

Carton and Rudnick family law
Carton and Rudnick consumer law
Carton and Rudnick

Continue reading "Domestic Violence - Stalking: Part 1" »

Posted by Jonathan Rudnick | Permalink | Email This Post

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

Bookmark:

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.

Carton and Rudnick family law
Carton and Rudnick consumer law
Carton and Rudnick

Continue reading "Domestic Violence – Violence Against Children: Part 2" »

Posted by Jonathan Rudnick | Permalink | Email This Post

Posted In: Alimony , Child Support , Divorce Lawyer , Domestic Violence , Domestic Violence Lawyer , Family Law Lawyer

Bookmark:

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.

Carton and Rudnick family law
Carton and Rudnick consumer law
Carton and Rudnick

Posted by Jonathan Rudnick | Permalink | Email This Post

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

Bookmark:

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.

Carton and Rudnick family law
Carton and Rudnick consumer law
Carton and Rudnick

Posted by Jonathan Rudnick | Permalink | Email This Post

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

Bookmark:

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.

Carton and Rudnick family law
Carton and Rudnick consumer law
Carton and Rudnick

Continue reading "Child Related Expenses that You Might Have To Pay." »

Posted by Jonathan Rudnick | Permalink | Email This Post

Posted In: Child Support

Bookmark:

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.

Carton and Rudnick family law
Carton and Rudnick consumer law
Carton and Rudnick

Continue reading "What Is Considered Income For Calculating Child Support?" »

Posted by Jonathan Rudnick | Permalink | Email This Post

Posted In: Child Support

Bookmark:

How is child support calculated?

New Jersey calculates child support based on the Child Support Guidelines set forth in Appendix IX of the New Jersey Court Rules. The Guidelines are mandatory in every case that initially comes before the court. Keep in mind there are situations where the court will allow parties to deviate from the Guidelines, however, good cause must be shown for the deviation.

The Guidelines were established to provide a fair and standardized way to set support for every child in the state of New Jersey. They were based on the Consumer Expenditure Survey which contains national data on how families spend money and takes into account the location of families, their size and socio-economic characteristics. These guidelines were created to work for parents who have a net income of $150,800 or less. If both parents make more than this amount, the courts will use the Guidelines up to $150,800 and then impose additional financial responsibility based on any income that was not used in the original calculation.

Carton and Rudnick family law
Carton and Rudnick consumer law
Carton and Rudnick

Continue reading "How Is Child Support Calculated?" »

Posted by Jonathan Rudnick | Permalink | Email This Post

Posted In: Child Support

Bookmark:

Can my spouse be arrested for non payment of alimony or child support?

Yes. If you are afraid that your spouse may not make the payments required you should request that the Department of Probation monitor your case. Probation will be able to keep a record of the arrears (back money due) that you spouse owes you. Once the arrears begin to accumulate, Probation can ask for a hearing and can request that an arrest warrant be issued.

Carton and Rudnick family law
Carton and Rudnick consumer law
Carton and Rudnick

Continue reading "Can my spouse be arrested for non payment of alimony or child support?" »

Posted by Jonathan Rudnick | Permalink | Email This Post

Posted In: Child Support

Bookmark:

When is my child emancipated and what does this mean?

Emancipation simply means that the parents no longer have a financial obligation for child support under the law. Children are deemed emancipated upon the earliest happening of any of the following event
a. If he or she reached the age of eighteen (18) years if not in high school or completion of four (4), full-time, continuous academic years of college education, whichever last occurs;
b. Marriage;
c. Permanent residence away from either parent;
d. Death;
e. Entry into any armed forces of any country, whether voluntary or involuntary;
f. Engaging in full time employment upon or after the child=s attaining the age of eighteen (18) years of age, except if the full time employment is during vacation and/or summer periods.

Carton and Rudnick family law
Carton and Rudnick consumer law
Carton and Rudnick

Continue reading "When is my child emancipated and what does this mean?" »

Posted by Jonathan Rudnick | Permalink | Email This Post

Posted In: Child Support

Bookmark: