Marital Debt and National Debt
If you think that you have some issues with the credit cards you need to look at this.
Consumers should be nervous. The debt is unsustainable.
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May 16, 2010
January 25, 2010
Divorce and Agreements
Working Out an Amicable Agreement v. Moving Forward in a Divorce Process
Recently, I have seen a developing trend in New Jersey with people trying to participate in mediation in order to resolve their divorce as opposed to simply filing for divorce and moving forward in the process. Mediation, and even arbitration, at this point has certain plusses and minuses. I certainly am an advocate for parties attempting to work out their differences in an amicable fashion as opposed to going through a very nasty and litigious divorce process. The problem is that often times during mediation, the parties will participate and rack up significant legal fees and end up walking out of the process without an agreement only to have to start from scratch with their own individual attorneys.
Mediation is certainly a helpful tool for certain couples with low hostility and limited issues. However, it is my opinion that you can start the divorce process immediately and still attempt to work out an uncontested and amicable settlement in the process. The reason for this is my experience with several clients who have walked into my office who have been participating in mediation for the past several months without having a complaint for divorce filed with the court. For one reason or another, the negotiation have broken down and they are forced to start the process from scratch. Had they simply filed a divorce complaint initially, and continued to work toward a mutual settlement, most likely they would be three quarters of the way through the process. Unfortunately, for them, they are strapped with significant legal fees from a mediator and are now forced to hire an attorney to start the process over with additional anger and anxiety that has accrued over the past several months during mediation.
If you have questions or concerns regarding mediation and whether or not your situation would work well, please free to contact this office for a free initial consultation.
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January 21, 2010
Grand parents and visitation
Visitation Rights for Grandparents under N.J.S.A. 9:2-7.1
In New Jersey , there is such a thing as grandparent visitation rights and that law was adopted in 1971. The law actually says that in order for grandparents to obtain visitation rights from the courts, all they have to prove is that the visitation they are requesting would be in the best interests of the child. However, the United States Supreme Court and, subsequently, the New Jersey State Supreme Court has ruled that the statute as written, while not unconstitutional, needed additional interpretation which would make visitation rights more difficult for grandparents to achieve.
The law as interpreted by the New Jersey State Courts now requires a three step process in order to achieve visitation rights for grandparents. The first step, and the most difficult to overcome, is essentially that grandparents must prove by a preponderance of the evidence that visitation is necessary in order to avoid harm to the child. If the courts agree that there would be harm to the child in absence of visitation, the presumption for the parental decision not to allow grandparent visitation would be overcome. At that point in time, the parent is required to provide a proposed visitation schedule to the grandparents. If the grandparents accept that visitation schedule, then the courts’ role is over. If the grandparents do not accept the proposed schedule, then the third part of the process comes into play and the court will approve a visitation schedule. The court-approved schedule will be based on the best interests of the child standard.
The bottom line is that although the New Jersey Legislature has passed a statute which grants grandparents visitation right based on the best interests of the child, the New Jersey Courts have completely rewritten a law and required an additional step before visitation will be granted. Based on recent case law, this is quite a hurdle for grandparents to overcome. Therefore, if you are seeking visitation with your grandchildren and the parents are not willing to work out a compromise, you should consult an attorney to discuss your possible options.
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January 18, 2010
Tips for Setting Up Your Custody Case during a Divorce Proceeding – Part 3
Tips for Setting Up Your Custody Case during a Divorce Proceeding – Part 3
What would you do when the other parent is alienating the children in order to influence the outcome of a custody battle? Surprisingly enough, during custody litigation, a significant amount of parents attempt to alienate the children from their parent in an attempt to influence the outcome of the custody battle. I say this is surprising because either parents do not know or do not care about the tremendous impact this alienation can have on the children during the custody battle and continuing into the future. If [unclear], the first thing you should do is petition the court via motion to get an order asking your spouse to discussing the litigation with the children, and making derogatory statements to the children while they are present. More often than not you should also seek to include your spouse’s family members or close friends who have significant time with the children as well as your spouse in this order.
In practice, these requests are routinely granted by the court because there is absolutely no arm in requiring both parties’ or either party to restrain from making disparaging marks in front of the children or alienating the children from one parent or the other. It does not have negative impacts on either party and, frankly, if you are not attempting to alienate your children, you have absolutely nothing to worry about.
On the other hand, this type of court order is often met without regard and the alienation continues. If that is the case and you can petition the court with proof that your spouse continues to alienate the children, there are a number of remedies that a court can impose for violating an alienation order. Rule 5:3-7(a) lists those additional remedies that are available. Some examples include additional time for the non-violating parent with the children, fines, counseling, temporary or permanent modification of the current custody arrangement, counsel fees, parenting classes for the parent in violation of the order, and other appropriate remedies including incarceration.
These types of sanctions are often difficult to have a court order, however, it certainly is in the realm of possibilities
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January 15, 2010
Tips for Setting Up Your Custody Case during a Divorce Proceeding – Part 2
Tips for Setting Up Your Custody Case during a Divorce Proceeding – Part 2
As I stated in the previous blog posting, it maybe in everyone’s best interests to have a custody trial and determination as soon as possible. Another reason for holding a trial as quickly as possible is because more likely than not the court will maintain a status quo pending the outcome of the custody determination. That means that whatever arrangement you have with your spouse with regard to visitation of the kids will most likely remain in effect until a different outcome has been reached by the court or by agreement of the parties. Courts are very big on maintaining the status quo pending the outcome of any type of litigation in Family Court, including visitation, and including payment of the marital bills. If your spouse attempts to change the status quo in any way in an attempt to further his/her position during the trial, you can make an immediate application with the court to have the status quo maintained pending the outcome of the litigation. Please keep in mind that if there is an emergent situation that occurs, you can also petition the court via motion to have the status quo not be followed based on that emergent situation.
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January 12, 2010
Tips for Setting Up Your Custody Case during a Divorce Proceeding – Part 1
Tips for Setting Up Your Custody Case during a Divorce Proceeding – Part 1
Although the courts have generally made it difficult for either parent to obtain sole custody during a divorce proceeding, there are several things that you can do to set up the best case possible should you be seeking sole custody of your children during a divorce action. The first thing you can do is petition the court for an immediate custody trial. What you may not know is that Court Rule 5:8-6 requires the Family Court to set a trial date no later than six months after the answer to a custody complaint has been filed with the court.
While this approach may seem hasty, it may be in the best interests of all parties involved especially the children to have a date set sooner than later. The reason for this can be either because the children need to know what their long term arrangements are going to be, or to avoid the children additional harm during the litigation period. Many times when custody is an issue either during a divorce trial or through parents who are unmarried, either parent or both may attempt to alienate the children against the other in order to benefit their case. While this is one of the most horrible things a parent can do to their child, you would be surprised at the amount of times it happens.
Therefore, it would seem to be in the interests of the children and both parents to have a hearing date set as soon as possible.
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December 19, 2009
CASE INFORMATION STATEMENT
CASE INFORMATION STATEMENT
Case Information Statement is a document that is to be submitted by the parties to divorce which includes and encompasses information pertaining to medical insurance coverage, life insurance coverage, income, spouse’s income, budget of living expenses and other specification of amounts that you are paying and/or receiving pertaining to other Family Court or family obligations.
New Jersey law requires a Case Information Statement to be filed in every case. This is so that the Court can, at an early stage, assess the needs of the parties and work towards a quick resolution of the matter.
Case Information Statement must be very accurate. Numerous decisions which ultimately be made by the Court will be based on the Case Information Statement and all the information contained therein. As an example, child support, alimony, pendente lite information and all relevant decisions that are based on financial information contained in the Case Information Statement. In this fashion, it is extremely important that it is accurate and it is continually updated to reflect the appropriate financial position of the parties.
Obviously, if you do not know the information requested in the Case Information Statement, there is no obligation to complete same. However, there is an obligation to make a reasonable investigation and look at records within your position. Common sense is a good guideline for completing and filling out any Case Information Statement required in any family law proceeding.
You are requested to list all relevant assets which could be subject to equitable distribution. If you have any questions pertaining to the completion of the Case Information Statement, you should ask your attorney. If you are unsure, you should make appropriate investigation and there are some very good websites including, but not limited to, the New Jersey Courts Online.
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February 9, 2009
Is the Bad Economy Increasing or Decreasing the Divorce Rate?
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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February 4, 2009
Child Support Guidelines – Sole Parenting v. Shared Parenting
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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February 1, 2009
Child Support Guidelines – What is Included?: Part 4
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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January 25, 2009
Child Support Guidelines – What is Included?: Part 2
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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January 21, 2009
Child Support Guidelines – What is Included?: Part 1
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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January 17, 2009
Protenting victims of abuse-- online resources?
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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January 13, 2009
Case Information Statements – How do they help determine alimony?
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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January 11, 2009
What is a case information statement in a divorce case?
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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November 14, 2008
Domestic Violence – Stalking: Part 3
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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November 11, 2008
Domestic Violence – Stalking: Part 2
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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November 8, 2008
Domestic Violence - Stalking: Part 1
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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November 5, 2008
Domestic Violence – Violence Against Children: Part 2
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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November 2, 2008
Domestic Violence – Violence Against Children: Part 1
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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