Piscataway Family Law Attorney Blog

16

Jun 2019

To Modify or Not to Modify, That is the Legal Question

It is well known in the world that we call “family law” that alimony and child support, once court-ordered, can be modified or terminated upon substantial (and usually permanent) changed circumstances. Of course, that begs the question, “what is a substantial change in circumstance”? Well, I’m not going to go into a detailed list here, but I shall give you a few examples: (1) you are paying ...

Posted By Lisa Steirman Harvey, Esq.

20

May 2019

RETIREMENT AND ALIMONY

In the recent decision in Sowell-Zak v. Zak , the court was presented with a multitude of issues which underscore the need for a party to have a family-law attorney, well-versed in all areas of family law, especially the law surrounding alimony, during all phases of the case. In Sowell-Zak v. Zak, the parties were divorced in 2009 and had entered into an agreement which required the husband to pay ...

Posted By Michael J. Evans, Esq.

14

Aug 2018

Hurry Up and Act: Alimony Law is Changing on January 1, 2019

Thanks to the tax law passed by Congress and signed into law by the President in late 2017, we have a significant change coming to our law regarding alimony. What is the change, and why should you care? Before answering those questions, it is important to emphasize that if you are currently in a divorce, thinking of getting a divorce, or are already divorced and paying or receiving alimony, you ...

Posted By John Nachlinger, Esq.

27

Nov 2017

Unreasonable Support Demands

The end of any marriage means a new financial arrangement for both spouses. Both spouses will have to rearrange their finances and change their budgets to reflect the new reality of living in two households with two sets of financial obligations. Divorce is a financially difficult time and if one spouse is financially disadvantaged by virtue of a much lower or non-existent income, he or she may ...

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06

Nov 2017

Disabled Spouse and Child or Spousal Support

Each divorce or family law case has its own unique problems and issues. In many cases, these unusual issues will take the form of financial matters. Where a divorce involves child support, it is almost certain that an award of support will be made to the custodial parent. In cases involving a request for spousal support, such an award is much less certain. In either case, parties often want to ...

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07

Sep 2017

Tying Up Loose Ends After Divorce

The end of the divorce case presents both parties with the resolution and closure they have been waiting for. Sometimes parties have been engaged in the case for months or even years before they are able to obtain a final settlement or a court order following a full trial. Whatever way the case ends, the entry of the final order is not always the end of all the issues. There are often some loose ...

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31

Jul 2017

Thieme v. Aucoin-Thieme - Distribution of Pre-Marital Assets

At the end of every divorce, marital property must be divided. New Jersey is what is referred to as an “equitable distribution state,” which means that the judge will divide the marital property “equitably” between the parties. Equitable does not mean equal. The way the judge determines what is equitable is made according to a laundry list of factors. In general, any property that was acquired ...

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28

Jul 2017

Who Pays the Bills During Divorce

Divorce is a chaotic process, and this is especially true at the very beginning of the process. At the start, both parties’ emotions are raw and they are angry. To add to that, the parties are often still living together, have not divided any personal possessions, and still have all financial matters closely intertwined with each other. Understanding who pays what after a divorce is filed can help ...

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24

Jul 2017

What Kind of Alimony Should I Ask For?

The end of a marriage always spells big changes for both spouses. Both parties can expect changes in terms of emotional, physical, and financial factors. Divorce often poses an especially difficult financial burden to the spouse who makes less income, especially if that spouse has traditionally been the stay at home parent or supported the other spouse through school. The answer to some financial ...

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19

Jul 2017

Case Information Statement

Every divorce begins with a large amount of paper work. The complaint for divorce is the initial filing that starts the case. After this is filed, it is then necessary to fill out and file a detailed document called a Case Information Statement, or "CIS." The CIS is comprised of several different sections. It is essential that you are as detailed and accurate as possible with this document. ...

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11

Jul 2017

When Can I Reduce My Spousal Support?

It is not uncommon for there to be a disparity in incomes between a husband and wife. Sometimes one spouse does not have any income at all, as a result of unforeseen unemployment or being a stay-at-home parent. In these cases, especially in marriages of long duration, the economically disadvantaged spouse may be awarded spousal support at the end of the divorce proceedings. Spousal support is ...

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13

Jun 2017

If Your Spouse is Lying About Income on Child Support or Alimony

Divorce or separation means that where two adults were previously sharing the responsibility and burden of paying bills and expenses, now both adults have to rearrange their budgets to stretch to cover all bills and expenses for each individual household. This often creates a financial strain on large budgets or even higher-income households, as the adults must adjust their standards of living and ...

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15

May 2017

Postnuptial Basics

Prenuptial agreements are well known and most people have heard of them, especially in terms of celebrities or the ultra-wealthy. Less well known is an equally useful, if somewhat complicated, document called a post nuptial agreement. As is suggested by the name, post nuptial agreements are entered into by spouses after they have already gotten married. A postnuptial agreement has many things in ...

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12

May 2017

Prenuptial Basics

At the beginning of a marriage, no one wants to think about it ending in divorce. Most couples prefer to focus on the positives of getting married and the future together. Some prospective spouses prefer to plan for the unfortunate possibility of divorce, and so will choose to hire an attorney to draft a prenuptial agreement. A prenuptial agreement is essentially a contact between potential ...

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19

Apr 2017

Alimony and Overspending - Ponzetto v. Barbetti

In several New Jersey cases, it has been established that the goal of spousal support is to help the spouse receiving support the ability to continue to maintain a lifestyle that is reasonably comparable to the one the spouses had while they were married. However, in these economic times, it is not unusual for spouses to spend beyond their means, live on credit, and otherwise maintain a lifestyle ...

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20

Mar 2017

Common Contents of a PSA

The vast majority of divorce cases are settled out of court. When parties are able to come to an agreement, their attorneys draft what is called a Property Settlement Agreement or Marital Settlement Agreement (commonly referred to as a “PSA” or “MSA”) that contains the provisions of their agreement. This document is essentially a contract between the parties on how their assets and debts will be ...

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13

Feb 2017

TAXES - ALIMONY AND CHILD SUPPORT

Financial ties between spouses or partners can last many years after the dissolution of a marriage or the end of a relationship. This can be due to division of pensions, real estate, or personal property. Often there are tax implications at the end of a relationship due to an award of spousal support or child support. Understanding potential future tax issues will assist you in creating a strategy ...

Posted By Previte Nachlinger

31

Jan 2017

ATTORNEY'S FEES AND FAMILY LAW

Family law disputes carry heavy financial and emotional burdens. It is no surprise that the issue of having the other spouse pay attorney’s fees is a common question. In a case called Williams v. Williams , the New Jersey Supreme Court discussed how attorney’s fees are decided in divorce cases. In divorce, the court has discretion to award attorney’s fees to either spouse. The court will look at a ...

Posted By Previte Nachlinger

18

Nov 2016

2014 NEW ALIMONY CHANGES

Alimony is an area of law that was developed long ago to help a wife support herself after a divorce. Law and society has come a long way since then, and it is much more the norm for women to work outside the home, and often generate as much income (o more) as their husbands. In 2014, Governor Chris Christie signed the New Jersey Alimony Reform Act , which made some important changes to alimony in ...

Posted By Previte Nachlinger

18

Oct 2016

ALIMONY MODIFICATION AND TERMINATION

After your divorce is over and the final Judgment of Divorce is signed, there may still be issues that bind you and your ex-spouse together. Alimony is one of those lingering issues which may require you to have contact with your ex-spouse for years to come. It is often possible to have an alimony award modified or, in some cases, completely eliminated. The relevant issue is whether there has been ...

Posted By Previte Nachlinger

11

Oct 2016

BASIC FACTORS IN AN ALIMONY AWARD

One of the most frequent questions asked in initial divorce consultations is whether alimony be required in a case, and if so, how long it will be payable and how much will the payments be. Unlike child support, there is no alimony calculator to determine how much it will be, and for how long. Instead, New Jersey law looks to a variety of factors when courts are asked to award alimony. These ...

Posted By Previte Nachlinger

23

Feb 2016

CASE ALERT: ALIMONY AND RETIREMENT

As we discussed in a prior blog, a new alimony law was passed in 2014. Among the issues the law modified were the circumstances upon which alimony could terminate upon the retirement of the payor spouse. As with all new laws that are passed, attorneys and trial judges alike have had conflicting views on who the new provisions regarding alimony and retirement apply to. Thanks to an Appellate ...

Posted By Previte Nachlinger

23

Nov 2015

Top 5 Facts About the New Alimony Law

The new alimony law is not really new anymore. It became effective about a year ago, but has redefined how we look at alimony in New Jersey. It clarified certain aspects of our alimony law and made other parts of our law fairer. In speaking with clients over the past year, we have determined the five most important facts about the new law that are most misunderstood. There are certainly more ...

Posted By Previte Nachlinger

16

Nov 2015

THE TORTOISE AND THE HARE: GETTING TO THE FINISH LINE IN A 20 YEAR MARRIAGE MAY DEPEND WHO YOU ARE

Are you approaching a 20-year marriage and considering a divorce? If you are the breadwinner, you better RUN , not walk, to the courthouse to file a complaint for divorce. If you are not the breadwinner, then you should take your time and try to get to the 20 year mark before a Complaint is filed. Here is why…. The alimony statute in New Jersey, until recently, allowed for “permanent alimony” in ...

Posted By Previte Nachlinger

11

Nov 2015

TOP 10 FACTS ABOUT NJ DIVORCE YOU DON'T KNOW

NJ Divorce is difficult and emotionally draining. There is little good about getting a divorce except that it allows you to move on with your life and start a new chapter. We tell our clients that we cannot tell you if you should get a divorce, as that is a personal decision that is more complex than most of us will admit. When looking at moving forward, we have compiled a list of 10 facts that ...

Posted By Previte Nachlinger