Child support is always modifiable upon a showing of a change in circumstances. If a person has a change in income, you can file what is called a motion. A motion is a request for the court to review your circumstances and make a new order based on that change in circumstances.
Read MoreThe divorce from bed and board is a statutory creature that has really helped us today, in particular, with the cost of medical insurance coverage. A divorce from bed and board divorces you in all respects except, under the law, you’re still considered married. You can’t remarry and when you file your tax returns you […]
Read MoreMoms and dads are playing equal roles in their children’s lives The courts are looking for who is the person who’s involved in the grooming of the child, who is the parent who’s involved in cooking for the child, doing the laundry for the children or child, all those kinds of issues, mundane or otherwise, […]
Read MoreWe really don’t have legal separation in New Jersey. A legal separation is basically a divorce without the final step. You’ve addressed, custody parenting time, child support, alimony, if any, and you’ve done all of the equitable distribution that’s necessary. You’ve signed an agreement which controls how you live from that point forward, but you […]
Read MoreThe fact that your spouse may have cheated on you is largely irrelevant to your divorce. It’s important only when it has some bearing on custody, meaning the person that your spouse is having an affair with has a drug problem, or they have some criminal background.
Read MoreWe start off with the premise that both parents are entitled to equal time with their children. We now see instances where parents have shared custody on a greater frequency. Children need stability. Jumping from one house to another everyday isn’t always in your child’s best interests. There are some schedules that have been developed […]
Read MoreThe answer is usually, no. When two people get divorced, they are no longer considered spouses under the definition of the health insurance requirements. There is something else called the divorce from bed and board which allows health insurance coverage to be extended to a spouse beyond the date of the judgement. It is the […]
Read MoreThe same divorce laws apply to the LGBT community as they do anyone. Paris P. Eliades Law Firm, LLC is proud to serve the LGBT community.
Read MoreIf the business was created during the marriage, it is subject to equitable distribution. One of the factors that the court will examine is both party’s involvement in that business. Generally speaking, it’s an asset subject to equitable distribution. The increase in value, and arguably, the decrease in value, are subject to equitable distribution. Experts […]
Read MoreOver the years, there have been computer programs that have been created in order to calculate child support. Child support is a product of income and predominantly the number of overnights you have with your children. If you are a parent that has 104 overnights or more, we use a shared parenting worksheet. In a […]
Read MoreMediation takes as long as necessary. I tell clients that you could be divorced within a month, which shocks them. If you and your spouse come to agreements quicker, you could have your divorce resolved much more quickly. Certainly one of the factors that would lengthen the process if there is a necessity to appraise […]
Read MoreLegal custody is the term that we use for important decisions you make for your children, such as anything related to their health, education, and welfare. Parents usually share joint legal custody, meaning that they are going to jointly make these decisions for their children. Sole legal custody can be requested when a court deems […]
Read MoreIn certain circumstances, your spouse can be required to pay or contribute to your attorney’s fees. If you’re receiving enough assets that you could pay for your own attorney’s fees, courts will often times not award attorney’s fees.
Read MoreIt depends on your incomes. The difference in income will determine whether you pay child support, typically. When you receive alimony, that’s income to you, and if you pay alimony, it’s deduction against your income. It really is a product of your incomes after alimony is paid, if there’s any alimony at all.
Read MoreSince I’ve been an attorney, we have offered free consultations. In some respects, it’s something I feel I give back to the community I enjoy speaking to them. It’s actually one of the personal pleasures that I have as an attorney because people will leave and I often times get the compliment “I feel much […]
Read MoreOur law right now, in some respects, liberally allows the relocation if it’s made in good faith They must be moving for good reasons. All NJ courts will address if the move in the child’s best interests. In NJ, moving away from one parent is usually not consider automatically contrary to the child’s best interest […]
Read MoreUncontested divorces are those where there is already an agreement in place because all of the issues surrounding the marriage, including support, parenting time and custody, and equitable distribution have already been decided. Parties will go to court and they’ll already have a signed agreement in hand. That agreement will become part of the final […]
Read MoreMy answer is always the same, it depends on you and your spouse. Generally speaking, a divorce should take approximately a year. It can take longer. It depends on the personalities that are involved, and those personalities include your spouse and your spouse’s attorney.
Read MoreThe cost for your divorce is directly related to the attitude of you, your spouse, and each party’s attorney. This is a message that I tell everybody, “Tell your spouses to refrain from enriching the lawyers and to deal with the issues as the law contemplates, not what you want, but what the law provides.”
Read MoreUnfortunately, it doesn’t mean that. It means that you would have at least an equal role in your children’s lives, but it would not necessarily equate with you getting full-time custody of the children.
Read MoreIf custody is an issue between you and your spouse, part of the process will often involve your children being interviewed either by a custody expert who is usually a child forensic psychologist or by the judge. Interviews with children in their teen years are often required by the court. Children who are younger are […]
Read MoreA court will require an independent spouse to support a dependent spouse when engaging in a divorce case. Those who ignore a court order may acquire counsel fees in addition to the support
Read MoreIf you’ve been served with a complaint for divorce, don’t panic. The summons will tell you that you have 35 days, but those days can be expanded upon. The first step is finding an attorney that you’re comfortable with, has the skill-set that you need to have your divorce handled appropriately and effectively, and sit […]
Read MoreOur statute requires that at least 90 days pass before a person can make a request to the court to reduce their alimony obligation The statute also provides that the court may retroactively modify the alimony obligation during that 90-day period.
Read MoreWhen people think they need to get a divorce, the first step is for you to contact a divorce attorney so that you can make an initial consultation. The attorney overview will probably include discussions on custody, child support, alimony, equitable distribution, payment for attorney’s fees, and any other relevant issue in your case. […]
Read MoreIf you leave your job without either the medical necessity or some other valid reason, you will be held accountable to that income. I do not allow my clients to leave their jobs unless they have the law and the facts behind them.
Read MoreWhen the division did confirm that there was an act or omission that constituted child abuse or neglect they decide if it is substantiated or established. There are two non-child abuse findings which are not established and unfounded. These findings have been changed in recent years and they remain largely unlitigated by the courts. A […]
Read MoreEquitable distribution addresses the assets and liabilities that exist in a marriage. Equitable distribution addresses what assets and debts accumulated between the date of the marriage to the date the complaint for divorce was filed. Anything that’s acquired between those two dates is in the pot for equitable distribution. We predominantly start off with a […]
Read MoreIf that inheritance has been kept in a separate account and not co-mingled it, that asset will not be considered part of equitable distribution. When those monies have been comingled, we have the difficulties in trying to establish that some component of that asset, now, that it has been comingled, is not subject to equitable […]
Read MoreThe purpose of the Case Information Statement, which we call a CIS, is to provide an overview of your entire financial situation. The first section usually deals with your personal information The next section of the form deals with your income and the income of your spouse. The next section encompasses your shelter expenses, whether […]
Read MoreA motion is an application to the court where you’re requesting that the court either take some sort of action or grant you some sort of relief. Any party to a matter can file a motion. The adversary has a chance to either respond to that motion, oppose that motion, or request their own relief. […]
Read MoreIn New Jersey, you do not have to lay blame at anyone’s doorstep for getting a divorce. We now have irreconcilable differences which states that if you had issues in your marriage which have caused irreconcilable differences in the preceding six months, you’re entitled to a divorce.
Read MoreWe’ve eliminated the concept of permanent alimony. In its place, the legislator has substituted the phrase “Open durational alimony”. You can never receive alimony greater than the length of your marriage, except in exceptional circumstances. If you’re married 10 years, you would typically only receive alimony up to 10 years. The law now provides a […]
Read MoreThe goal is to save money, which is a critical fact in any litigation. It brings spouses together. When you agree on things, it’s better for you and it’s far better for children and how they experience this process. A mediator is an attorney who will guide you through the law and the facts and […]
Read MoreA contested simply means that the parties have reached an agreement called a marital settlement agreement and have resolved all of the issues in their case. A contested divorce is a case where the parties do not have an agreement on every issue and are required to go before a judge for a trial where […]
Read MoreThere’s a series of statutory factors that have to be considered when courts and mediators decide on alimony. Certainly, you look to the age of the parties. The length of the marriage is critical. The incomes that people have earned, their abilities, their educational backgrounds, their child-rearing responsibilities are some of the factors that are […]
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