Infidelity comes into play during a divorce only under certain circumstances. For example, if a spouse significantly dissipated marital assets to conduct an affair, those expenses may be considered during the property division process. However, proving these expenses can be difficult, and the legal fees associated with that discovery process can quickly outpace any monetary gain that may result.
]]> Mental abuse or controlling behaviors may be another factor that will not impact the financial outcome of a divorce. Family court judges are not in the business of second-guessing a spouse's choices, and will not be willing or able to sort out mistreatment and place a value on the negative effects suffered at the hands of a psychologically abusive spouse. Even when an individual can prove this sort of mistreatment, it is often not a significant factor in the division of property or award of spousal support.The need to have one's position within a marriage justified is understandable. However, it is not the role of a court to vindicate one partner's position over that of the other. The factors that influence property division and spousal support in New Jersey are often simple mathematical calculations, and attempting to bring infidelity or other mistreatment into the divorce process will likely be unsuccessful.
Source: Huffington Post, "Why An Affair May Not Matter In Your Divorce," Susan Saper Galamba, April 29, 2013
]]>Such is the case with Los Angeles Lakers play Steve Nash who explained to the press last month that he was concerned his ex-wife would do just that if he gave her more in child support. During a recent court hearing, Nash argued that he shouldn't be forced to pay more in child support because he thinks that his ex-wife is already getting enough in the divorce settlement and will only use the money to spoil their three children. Although the judge ruled in favor of Nash, his ex-wife, Alejandra Amarilla, is appealing the court's decision.
]]> As most New Jersey residents can tell you, child support payments are an important way for a single parent who has primary custody of children to make sure that they are well taken care of and have everything they need. While Nash may be worried this is ex-wife is going to spoil the children, this may not in fact be the case. By denying additional funds, Nash could be denying what is best for his children; his intentions hurting them instead of helping them in the end.Source: The Huffington Post, "Steve Nash Child Support: Lakers Star Allegedly Doesn't Want To Pay Because Ex Might Spoil Kids," Cavan Sieczkowski, April 30, 2013
]]>New Jersey readers of this blog may remember that in last week's post we mentioned that Florida lawmakers had passed a bill that would eliminate permanent alimony and that would set caps on payments based on the length of the marriage.
]]> Recently, Florida's governor vetoed the bill. His biggest concern with the bill was that it applied retroactively."The retroactive adjustment of alimony could result in unfair, unanticipated results," Gov. Rick Scott said.
Scott vetoed the bill hours before reaching the deadline to make a decision on it. Had he done nothing, the bill would have automatically passed.
Four other states have passed alimony reform laws to eliminate permanent alimony. As opponents in New Jersey fight to change current alimony laws, lawmakers in the state could move to pass a bill to end permanent alimony that was introduced in March.
There are many issues that come up during divorce. However, determining alimony can be one of the most difficult issues that couples face. In some instances, one spouse could end up facing major financial problems without alimony, especially if they previously left the workforce to care for children.
To be sure that alimony is fairly awarded, people in New Jersey and beyond would be wise to work with an experienced attorney.
Source: Fox News, "Florida Gov. Scott vetoes bill that would end permanent alimony in state," Associated Press, May 2, 2013
]]>As a lot of New Jersey residents know, many marriages end in divorce. However, many people remained tied to their former partner as a result of permanent alimony.
]]> Alimony is an important part of the divorce process. Alimony payments may help one spouse avoid financial hardships after a divorce. After all, it can be difficult moving from a two-income home to a single-income home in a short period of time.There are many different options when it comes to spousal support. One of those options is permanent alimony. Permanent alimony is often awarded in situations where the marriage lasted more than 10 years. Typically only death or remarriage halts the payments.
There are some situations in which it only makes sense to award one spouse permanent alimony. However, opponents say that permanent alimony creates a "personal entitlement program."
Last month, we discussed a proposed bill that, if approved by New Jersey lawmakers, could eliminate permanent alimony by this fall. Other states are also considering alimony reform laws. Recently, Florida lawmakers passed a bill that eliminates permanent alimony. It also sets caps on alimony payments based on the length of the couple's marriage.
It is unclear whether or not New Jersey will pass similar legislation. Whatever the case may be, it appears that people want to create a system that is fair for everyone.
Source: Yahoo! Finance, "End Permanent Alimony Forever Say Opponents," Lauren Lyster, April 23, 2013
]]>Some people use social media to announce their divorce. While it gets the word out quickly, some people find that tactic to be a bit inappropriate. Some have even called it tacky.
]]> However, others think it is entirely appropriate and an easy way for people to share the news with others.No matter what people's opinions are on the matter, it is important for people to know that anything that is put on a social media site can be used in court. Someone hoping to look good in the eyes of a judge may not want to plaster nasty comments about his or her former spouse on the Internet.
In general, people who are going through a divorce should be careful about what they put online. They should even be careful with email and text messaging. This is especially true for parents in a child custody dispute. A simple message could be used to show that one parent is not capable of taking care of a child.
There is not one right way of doing things when it comes to divorce. In order to get the support that they need, some people may need to express their feelings on social media sites. However, people should always be aware that the messages they post online are not private and live on forever.
Source: indystar.com, "Tacky or tasteful: Divorce announcement via social media," Dana Hunsinger Benbow, April 15, 2013
]]>Although going through a divorce can be hard, it may be necessary for some couples. Couples may realize that they want different things in life. Addiction, infidelity and abuse may also play a part in some couples' divorces.
]]> Child custody appears to be one of the biggest factors in Frankel's divorce. Frankel and her estranged husband have a 2-year-old daughter together. Both have requested primary custody and child support.There are a variety of different options when it comes to child custody. When child custody issues are being sorted out, the best interests of the child should be the primary focus.
Physical custody of a child usually determines which parent the child will live with. Joint physical custody allows the child to split their time with both parents. When sole custody is awarded to one parent, the other parent may be granted limited visitation.
Legal custody gives parents the ability to make important decisions for their child. It is common for parents to be granted joint legal custody so that both parents can make determinations about their child's upbringing.
A child is often the center of their parent's life, which is why settling child custody matters can be difficult. However, parents may be able to settle their differences in a more peaceful and timely manner if they focus on what is best for their child.
Source: New York Daily News, "Bethenny Frankel on divorce: 'I never heard how excruciating it is'," Zayda Rivera, April 11, 2013
]]>The man was in court today. Since his big win, the New Jersey resident has settled his child support debts. The three children that the child support was due for will reportedly begin living with him.
]]> The man's current child support obligations total $141 a week. However, his payments could be modified after his big win.We have discussed the importance of child support on this blog before. Child support is frequently awarded in divorce cases. It is important that the court ordered payments are made in order for children to be given the best chance at future success.
It is also important that child support payments are calculated fairly. However, modifications can be made in the future when there are significant changes in income, which appears to be the case for the recent Powerball winner.
Family law matters can be difficult to deal with, especially if they center on children. Parents only want the best for their children. However, settling child custody and child support matters can be challenging.
Consultation with an experienced family law attorney is often wise when family law matters do arise. It may prove to be highly beneficial for New Jersey residents and others living elsewhere.
Source: ABC News, "Powerball Winner Resolves $30k Child Support Debt," Associated Press, April 1, 2013
]]>Infidelity appears to be a main factor in one couple's divorce. Because of their vast wealth, this divorce will likely be anything but simple.
]]> Sue Ann Hamm filed for divorce from her husband Harold Hamm in May 2012 after she reportedly discovered he had been unfaithful. The couple had been married for close to 25 years. In that time, Harold Hamm has grown to be one of the richest people in the country. His oil company, Continental Resources, has had a lot of success lately as a result of drilling in North Dakota.Hamm is reportedly worth more than $11 billion. He has a 68 percent stake in his company. Depending on whether or not the couple has a prenuptial agreement in place, Hamm's wife could end up with a sizable settlement and a large stake in her husband's company.
So far, the largest divorce settlement appears to be the one between Rupert and Anna Murdoch. Anna Murdoch reportedly walked away with $1.7 billion. The settlement between Harold Hamm and his wife could top that.
Going through a divorce is rarely simply. However, people who own businesses together or those with particularly high-value assets are often faced with even more complex challenges. It is often wise to work with an experienced legal professional during a divorce, but it often becomes even more important when people have more complex property division matters to resolve.
Source: ABC News, "Hamm Divorce Could Be Most Expensive of All Time," March 23, 2013
]]>Whether you live in East Brunswick or elsewhere, parents should work to ensure their children are set up for success. Therefore, it is important that courts determine appropriate child support amounts and that parents follow through on those payments.
]]> Recently, a New Jersey father was arrested for failing to pay child support. His arrest resulted from a traffic stop. He was reportedly a passenger in the vehicle. The man owes more than $12,000 in past due child support.It is clear from this man's arrest that New Jersey authorities take unpaid child support cases seriously. New Jersey residents can face serious consequences if they fail to pay court ordered child support.
In New Jersey, child support is calculated by looking at a variety of factors. However, life is not always consistent. When a person's financial situation changes they may be able to modify previously determined child support obligations. After all, it can be difficult to pay child support when a person is facing unemployment. Rather than avoiding the payments and dealing with the authorities, New Jersey residents should consider their legal options.
Handling family law issues can be challenging. Therefore, it is usually wise to rely on an experienced attorney who has a broad understanding of the laws related to family law matters.
Source: NJ.com, "Glen Gardner man arrested on child support warrant," March 13, 2013
]]>Late last year, a New Jersey resident was put behind bars after he failed to pay alimony to his former wife. The man divorced his wife two years ago after 11 years of marriage. On top of child support, he was required to pay his former wife $104,000 in alimony every year. However, those payments were impossible to make when the man only earned $90,000 a year.
]]> That case as well as others has led many people to believe that alimony laws in New Jersey as well as other states around the county are outdated. Some have argued that the laws were created decades ago when women didn't have a strong presence in the workforce.In 2011, Massachusetts reformed their alimony laws. There are similarities between the proposed bill that was recently introduced in the New Jersey State Assembly and the Massachusetts Alimony Reform Act.
Even if the laws are changed in New Jersey, alimony is likely to be awarded in many divorce cases. After all, alimony is intended to prevent major economic instability for one spouse as a result of a divorce. A spouse who gave up their career to raise children, for instance, would likely be in need of financial assistance.
Family law attorneys have a broad understanding of current alimony laws. People who are going through a divorce with questions about alimony may find it best to seek out an experienced divorce attorney.
Source: NJ.com, "Alimony reform bill introduced in State Assembly," Lillian Shupe, March 15, 2013
]]>Many couples choose to divorce. Going through a divorce at any age can be complicated. However, people who divorce later in life often have more complex financial matters that need to be resolved.
]]> When people have been married for a significant amount of time, dividing assets can be difficult. In New Jersey, property usually isn't split perfectly in half. Instead, courts consider a variety of factors to determine how property should be divided between two people.Older people who find themselves once again single should be sure to make changes to important documents. For instance, it is important that your former spouse is no longer the beneficiary on important accounts.
More people are likely going to have to deal with these kinds of issues because it appears that more people are divorcing later in life. One study shows that the divorce rate among people 50 and older has doubled in recent decades.
It can be particularly emotional for people who are divorcing later in life. After all, they likely spent a majority of their life with their former spouse. To help sort through matters in an efficient manner, people in Middlesex County and others living elsewhere may find working with an experienced attorney to be quite valuable.
Source: The Huffington Post, "Tips For Going Through A Gray Divorce," Howard Hook, March 7, 2013
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