Blog

What happens if I stop paying support?

Posted by on Nov 23, 2015 in Alimony & Child Support, Blog | 0 comments

What happens if I stop paying support?

What happens if I stop paying support? If you have been court ordered to pay support (alimony, child support or something else) or if you have agreed to pay support then it is expected that you will actually pay consistent with the order or agreement. If you do not then there is a process in place seeking to bring you into compliance. In the event that you stop paying support the person expecting support can file a motion with the court seeking to enforce the support order/agreement. In cases where the support payments are to be made through...

read more

Can child support be waived?

Posted by on Nov 13, 2015 in Alimony & Child Support, Blog | 0 comments

Can child support be waived?

Can child support be waived? The short answer is – no. It is well established in New Jersey case law that parents are not legally permitted to waive the payment and/or receipt of child support. In essence, the receipt of child support is the right of the child, and not of the parents, and the child does not have the legal ability to waive this right. However, it is not uncommon for agreements to not include a provision directing that one party pay child support to the other in the traditional sense. It is possible for "child...

read more

Child Support Orders May be Retroactive to the Filing of a Divorce Complaint

Posted by on Oct 23, 2015 in Alimony & Child Support, Blog | 0 comments

Child Support Orders May be Retroactive to the Filing of a Divorce Complaint

Child Support Orders May be Retroactive to the Filing of a Divorce Complaint An Ocean County trial court judge has recently ruled that when a party files a divorce complaint that contains a written request for child support, the court may at trial establish a child support obligation retroactive to the filing of the divorce complaint, less an equitable credit for any support paid during this period, even if a motion for child support was not filed or was filed after the complaint filing. In Kakstys v. Stevens, the parties separated in...

read more

What Do You Mean I Cannot Deduct Business Expenses From My Income?

Posted by on Oct 15, 2015 in Alimony & Child Support, Blog | 0 comments

What Do You Mean I Cannot Deduct Business Expenses From My Income?

What Do You Mean I Cannot Deduct Business Expenses From My Income? One of the fundamental questions that must be answered when looking at potential support obligations is – what is each parties’ income. One of the statutory factors for alimony addresses income. The very first line of the New Jersey Child Support Guidelines worksheet deals with income. To assist in this regard, Appendix IX-B of the Guidelines provides an explanation as to how income is determined for the purposes of looking at child support. While this provision...

read more

What is the best way to pay my support obligations?

Posted by on Oct 9, 2015 in Alimony & Child Support, Blog | 0 comments

What is the best way to pay my support obligations?

What is the best way to pay my support obligations? There are a number of different options to pay your child support and/or alimony obligations. Your agreement or court order establishing the support obligation should direct the manner in which the payments are to be made. What is the "best" way? Like many things, the definition of what is "best" is subjective depending upon your particular set of circumstances. Here are some of the common payment mechanisms, including some pros and cons of each. First, you can enlist the...

read more

How can I be sure that the life insurance has not been changed?

Posted by on Sep 30, 2015 in Alimony & Child Support, Blog, Divorce | 0 comments

How can I be sure that the life insurance has not been changed?

How can I be sure that the life insurance has not been changed? In the event that there is an alimony and/or child support obligation there should also be a requirement for life insurance to remain in place to secure the support obligation(s). There are also some situations where life insurance is used as security for asset protection such as retirement benefits. The reason for this should be obvious – for protection. The language in the divorce agreement or decree will typically have the following mandates: (a) the designation of a...

read more

The Case Information Statement Budget

Posted by on Sep 8, 2015 in Alimony & Child Support, Blog, Divorce | 0 comments

The Case Information Statement Budget

The Case Information Statement Budget The Case Information Statement (hereinafter "CIS") is a financial disclosure document that must be filed (and kept updated) as part of a divorce proceeding or as part of any court application seeking to address support-related issues. There is a uniform CIS that is to be utilized statewide in all matters. The information included in the CIS summarizes one’s income, expenses, assets and liabilities. For most people the most difficult part of preparing their CIS is the monthly budget of...

read more

How Do We Divide Our Personal Property?

Posted by on Aug 13, 2015 in Blog, Equitable Distibution | 0 comments

How Do We Divide Our Personal Property?

How Do We Divide Our Personal Property? There are plenty of horror stories about couples fighting over personal property. Whether it is the clothes in your closet, the furniture around the house, or the boxes of stuff in your attic or basement, there is always a potential for a battle over who keeps what as part of a separation and divorce. But, before staking your undying claim to the only crock pot, please take into careful consideration the following five observations. First, make every effort to resolve these issues on your own. Not only...

read more

Alimony is Not Based on the Length of Marriage Alone

Posted by on Jul 30, 2015 in Alimony & Child Support, Blog | 0 comments

Alimony is Not Based on the Length of Marriage Alone

Alimony is Not Based on the Length of Marriage Alone The New Jersey Supreme Court released a unanimous decision in the case of Gnall v. Gnall reaffirming the notion that all statutory factors are to be considered when establishing alimony awards. This was not an unexpected result. The parties in this matter were married for almost fifteen years when Ms. Gnall filed a complaint for divorce. In addressing Ms. Gnall’s request for alimony, the trial judge, after considering all of the statutory factors, determined that limited duration...

read more

I am getting a divorce- what do we do with the marital home?

Posted by on Jul 24, 2015 in Blog, Divorce, Equitable Distibution | 0 comments

I am getting a divorce- what do we do with the marital home?

I am getting a divorce- what do we do with the marital home? For many couples the marital home is their most valuable asset. As a result, one of the most important decisions that needs to be made is what to do with the property as part of the divorce. This article is going to address the most common ways to address this issue, as well as some of the details that should be considered when making such decisions. One option is to sell the house. There are many litigants who believe that saying in their divorce agreement that the house will be...

read more