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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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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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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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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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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Who pays for the lawyer if my spouse controls the money?

If your spouse controls the finances and you do not have access to funds to pay your attorney, you may ask the Court to release marital funds to pay counsel fees. You can also ask the court to require your spouse to contribute to your counsel fees. The court may consider (1) the financial circumstances of the parties; (2) the ability of the parties to pay their own fees or to contribute to the fees of the other party; (3) the reasonableness and good faith of the positions advances by the parties; (4) the extent of fees incurred by both parties; (5) any fees previously awarded; (6) the amount of fees previously paid to counsel by each party; (7) the results obtained; (8) the degree to which fees were incurred to enforce existing orders or to compel discovery; and (9) any other factor bearing on the fairness of the award. R. 5:3-5. Additionally, in the case William v. Williams, 59 N.J. 229, 233 (1971), the court must consider the need of the applicant, the other party’s ability to pay and the good or bad faith of both parties.
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