One of the most unsettling question marks in a divorce case is the cost of attorney fees. In an uncontested case the fees can usually be fixed as a flat fee. However, in a contested case the fees are usually billed at an hourly rate. Why the difference? In an…
Similar to the requirement that life insurance be purchased by a parent who will be paying child support, a spouse who will be paying alimony to their ex-spouse must also obtain life insurance to cover their alimony payments in the event of the paying spouse’s death. The amount of life…
New Jersey Statutes (NJS) 2A: 12-7 States: Legislative Findings and Declarations a. In the area of child visitation a court often orders supervised visitation where there has been a history of child abuse, medical disabilities, psychiatric problems or other situations where the safety and welfare of…
While you are married you can be covered under your spouse’s health insurance because of your legal status as their husband or wife. If a divorce is commenced, during the divorce, you can maintain the health insurance because until the judgement of divorce is granted you are still husband and…
Since the 2008 mortgage crisis New Jersey home values have taken a substantial hit, losing approximately one-third of their value in some communities. Over the past couple of years values have been on the rebound. However, the pace has been very slow. If you’re going through a divorce, your home…
The IRS treats canceled debt as income. This means that when a creditor cancels or forgives debt the amount of the canceled or forgiven debt is treated as income to the person forgiven. For example, if you and spouse settled joint credit card debt for less than the amount owed…
Other than real estate, often times the largest assets to be distributed in a divorce are the parties retirement assets. Retirement assets include pensions, IRAs, 401ks, 403Bs, deferred income, and other funds allocated for retirement. The question arises – how are the assets physically distributed? What mechanism is used to…
Generally speaking, in a New Jersey divorce, the parent who has to pay child support is required to carry life insurance. The rationale for requiring the person paying child support to maintain life insurance is that the child support obligation is a multi-year obligation. If the person paying child support…
The New Jersey family courts make it very simple for a wife to resume her maiden name at the conclusion of her divorce case. In order to take advantage of the opportunity for a name change the wife should make the name change request in her complaint or counterclaim for…
On top of basic child support both parents have a duty to contribute to the cost of the custodial parent’s work-related childcare expenses.Work-related childcare expenses are not limited to the cost of placing a child in daycare. Work-related childcare can also include: after-school care, care provided prior to school, having…