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 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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Posted In: Alimony , Child Support , Divorce Lawyer , Domestic Violence , Domestic Violence Lawyer , Family Law Lawyer , Grounds for Divorce , Lawyers Fees , Online Resources , Statistics

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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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Posted In: Child Support , Divorce Lawyer , Family Law Lawyer , Lawyers Fees , Online Resources

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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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Posted In: Alimony , Divorce Lawyer , Domestic Violence , Domestic Violence Lawyer , Family Law Lawyer , Grounds for Divorce , Online Resources

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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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Posted In: Divorce Lawyer , Domestic Violence , Family Law Lawyer , Grounds for Divorce , Online Resources

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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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Posted In: Alimony , Divorce Lawyer , Family Law Lawyer , Grounds for Divorce , Online Resources , Statistics

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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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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

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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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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

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