Blog – Page 2

What Does Equitable Distribution Mean in a New Jersey Divorce?

August 12, 2022 by David Lipshutz Leave a Comment

How Is Marital Property Divided in New Jersey? What Factors Are Considered?

When you’re ending a marriage, dividing the debts and assets accumulated over the years can be one of the biggest challenges. You can work out an agreement with your ex, but it will typically have to be submitted to and approved by the court. If you are unable to reach an accord, the judge will typically consider evidence and make a determination of how everything will be allocated.

When ruling on the distribution of the debts and property of a marriage in New Jersey, the courts use the legal principle of equitable distribution. The word “equitable,” however, should not be construed to mean “equal.” Instead, the court will attempt to produce a “fair” allocation of the obligations and assets of the marriage.

The Factors Considered in an Equitable Distribution in New Jersey

When deciding upon a fair division of a marital estate, the courts in New Jersey may consider any or all of the following:

The length of time the parties were married
The age of the parties at the time of divorce
The age and physical health of the parties at the time of divorce
The standard of living to which the parties were accustomed
Any income or property brought into the marriage by either party
Any prenuptial or prior written agreement of the parties regarding the allocation of marital debts and assets
The potential earning capacity of each party
Any contribution that either party made to the education, training or earning power of the other party during the marriage, or deferred career goals to allow the other party access to education or training
The contributions of either party as a homemaker
The extent to which either party was involved in the dissipation, depreciation or destruction of marital property, as well as the acquisition, preservation or appreciation of those assets
The potential tax consequences of a proposed property settlement
The extent to which one of the parties needs to occupy the marital home, such as when there are minor children at the time of divorce
The need to set aside funds for the medical or educational expenses of a spouse or child
Any other factors the court deems relevant

Contact the Law Office of David M. Lipshutz

We will only take your case if we know we can help. For an appointment, contact our office online or call us at 856-627-1990. We are available to meet with you Monday through Friday, between 9 am and 5 pm.

Filed Under: Divorce in New Jersey Tagged With: What Does Equitable Distribution Mean in a New Jersey Divorce?

The Impact of Domestic Violence on New Jersey Divorce Proceedings

July 11, 2022 by David Lipshutz Leave a Comment

How Will Custody, Visitation and Property Settlements Be Affected?

Marriages fail for many reasons—infidelity, financial challenges or incompatibility. Unfortunately, in far too many instances, domestic violence or abuse is a significant factor. What are the potential ramifications of allegations of or even convictions for domestic violence, either before or after a divorce complaint is filed?

What Constitutes Domestic Violence?

Though it can take many forms, domestic violence is generally defined as some act or course of conduct/behavior that is used to coerce or control a person. It can take the form of physical or emotional abuse, isolation, stalking, harassment, economic abuse or even sexual abuse.

In divorce filings and proceedings where there is evidence or an allegation of domestic violence, it’s common for the divorce complaint to be accompanied by a request for a temporary restraining order (TRO). In some situations, the motion for the temporary restraining order will be filed before the divorce complaint. The TRO will legally prohibit a person from engaging in certain actions, such as

Coming to your home, work or other location,
Coming within a certain distance of you in public
Communicating with you without your permission or permission of the court, whether by phone, email, letter or otherwise
Stalking
Sending gifts

How Will Allegations of Domestic Violence Affect the Outcome of Your Divorce?

The areas most affected by allegations or evidence of domestic violence will be custody and visitation with minor children. While the courts encourage regular and meaningful contact between minor children and both parents, custody and visitation rights will often need to be modified to provide reasonable assurances that the victim(s) of domestic violence will be safe. If the domestic violence was directed toward the spouse, the offender may be prohibited from picking up children without an intermediary or some type of supervision. If the abuse was directed toward minor children, visitation may need to be supervised.

Contact the Law Office of David M. Lipshutz

Filed Under: Domestic Violence Tagged With: Domestic Violence on New Jersey Divorce Proceedings

Child Support and Healthcare Expenses in New Jersey

June 1, 2022 by David Lipshutz Leave a Comment

Must Child Support Include Payment of Medical Insurance Premiums for Minor Children?

When you are involved in a divorce in New Jersey and there are minor children, you can expect that the court will order the non-custodial parent to pay some amount of child support. That support is intended to cover the non-custodial parent’s share of fixed and variable expenses, from shelter to food, clothing, transportation, personal care and entertainment. Is it also allotted to cover some of the costs of medical care or medical insurance? Sort of…

Medical Expenses under the New Jersey Child Support Guidelines

The New Jersey child support guidelines do not require that a child support order contain any provision for payment of medical expenses or for payment of medical insurance premiums. The guidelines do, however, make it clear that the support award includes payment for the first $250 per year of unreimbursed medical expenses incurred on behalf of a minor child. Accordingly, it’s important to understand, if you are the recipient of a child support award, that you will be solely responsible for the first $250 per year of medical costs not covered by insurance. As the payor, you have no responsibility for that amount. Amounts beyond the $250 will be ordered paid as per each party’s percentage of total gross income.

The costs of health insurance coverage for minor children are not included in a basic child support obligation. However, if you are paying additional expenses for health insurance premiums for your children, those costs may be considered when calculating the amount of child support. To have it taken into account, though, you will typically need to show how much of your monthly health insurance bill is for your minor children.

Contact the Law Office of David M. Lipshutz

Filed Under: Child Support in New Jersey Tagged With: Child Support Guidelines

Behind on Your Child Support?

May 4, 2022 by David Lipshutz Leave a Comment

Can Your Ex Deny Visitation until You Pay All Arrearages?

When your marriage ends in divorce in New Jersey, and there are minor children still at home, you can expect that the court will order the payment of child support by the non-custodial parent to the custodial parent. That commitment is more than a moral obligation—you can face potential sanctions for failing to pay or stay current with your child support obligations.

If you’re like most non-custodial parents, you’ll work hard to honor that commitment. Unfortunately, for many of us, unforeseen circumstances, such as the loss of a job or a serious accident or medical emergency, can make it difficult or impossible to stay current with child support. Can you risk loss of access to your minor children if you fall behind with your child support? Can your ex refuse to grand access to your children unless you make payments or bring arrearages current?

The Relationship between Visitation and Child Support in New Jersey

In New Jersey, as in all states, the rights of a non-custodial parent to visitation are not contingent upon the payment of child support. Accordingly, a custodial parent may not deny visitation to a non-custodial parent because of any type of arrearage in payments.

If a non-custodial parent fails to make child support payments in a timely manner, the custodial parent can file a motion for contempt of court, which may lead to any of a number of sanctions, including:

A temporary or permanent modification of parenting time/custodial arrangements
The issuance of an income withholding order, whereby child support payments are taken directly from the payor’s wages
The issuance of a bench warrant, which will automatically suspend the payor’s driver’s license
A tax offset, whereby any tax refund due to the payer will be diverted to pay past child support
Notification to credit reporting agencies

If, on the other hand, a custodial parent wrongfully refuses visitation because of a child support arrearage, the non-custodial parent may also file a motion for contempt of court. The court can then issue a subsequent order compelling visitation, including compensatory visitation for any time denied.

Contact the Law Office of David M. Lipshutz

Filed Under: Child Support Tagged With: Relationship between Visitation and Child Support in New Jersey

New Jersey Child Custody Disputes—An Introduction

April 1, 2022 by David Lipshutz Leave a Comment

The Basic Things You Need to Know

If you are considering filing for or are in the middle of a divorce, and you have minor children in the marital home, one of your first concerns will be custody. How does the court determine custody? What are the different types of custody? What factors are involved in a custody ruling?

The Different Types of Custody in New Jersey

As you work to come to an agreement regarding custody and visitation, you’ll hear a number of different terms discussed:

Physical custody—This refers to where the children actually reside. Traditionally, minor children of divorce spent most of their time in the home of one parent and had visitation with the other parent. That usually meant every other weekend with the “non-custodial” parent, as well as alternating holidays, some time in the summer and perhaps a night a week. In recent years, though, the trend has been toward greater shared physical custody, with the children spending more equal time in the home of each parent.
Legal custody—This involves decisions about the child’s well-being, including educational, health, religious and extra-curricular activities.
Joint custody—The court may give both parents equal custody rights
Sole custody—The court may grant custody exclusively to one parent

What Factors Go Into a Custody Determination?

In New Jersey, as in most states, the primary factor governing the determination of custody rights is the “best interests of the child.” New Jersey courts typically look at four different issues:

The impact of a custody ruling on the child’s physical well-being and safety
How the custody determination will affect the child’s emotional health and well-being
The respective parenting skills, as well as the parties’ ability and willingness to engage in co-parenting
Any practical concerns

Contact the Law Office of David M. Lipshutz

Filed Under: Child Custody in New Jersey Tagged With: Child Custody Disputes

Equal Shared Custody—Pros and Cons

March 4, 2022 by David Lipshutz Leave a Comment

The Advantages and Disadvantages of 50/50 Parenting

Historically, in the aftermath of a divorce, when there were minor children in the home, one parent was granted primary physical custody and the other parent was accorded rights of visitation, typically bringing the child into his or her home every other weekend, alternating holidays and on other agreed-upon occasions. That approach, however, is changing, as more an more states are enacting laws that allow for “equal parenting,” where the minor children spend half of their time with each parent. New Jersey allows such an arrangement.

On it’s face, it may seem like the most equitable way to resolve custody issues. Typically, both parents want to play a meaningful role in the growth and development of their children. But equal parenting does not come without its challenges and its detractors. Let’s look at the advantages and disadvantages.

The Benefits of Equal Shared Parenting

Studies indicate that when minor children spend approximately the same amount of time with each parent:

They have higher self-esteem, better school performance, and better emotional, behavioral and physical development
They have a broader perspective on the world, due to the differences inherent in each household
There are fewer gender-based assumptions about parenting for all parties involved
Parents tend to work more cooperatively, provided there is no fundamental conflict or animosity

Opponents of equal shared parenting fear that:

Sharing custody equally typically eliminates child support and may leave children without adequate financial resources
Children may struggle to have a sense of belonging anywhere, feeling instead that they are visitors in both homes
Where there is a fundamental level of discord, the frequency of contact between the parents can be problematic
Mandating that the child spend an equal amount of time with each parent does not accurately replicate what happens in most intact homes…it’s customary for a child to spend significantly more time with one parent than the other.

Contact the Law Office of David M. Lipshutz

Filed Under: Divorce Tagged With: Advantages and Disadvantages of 50/50 Parenting

Can I Deny Visitation for Unpaid Child Support in New Jersey?

February 1, 2022 by David Lipshutz Leave a Comment

What Are Your Rights When Child Support is Past-Due?

When you’re a custodial parent to minor children, payment of child support by your ex can help ensure that you can keep a roof over your head and put food on the table. When your former spouse clearly has the resources to pay child support, but refuses to do so, you can feel considerable resentment when your children leave for visitation. Can you deny the other parent access to the children because of a failure to pay child support?

The Right to Visitation is Not Conditioned on Payment of Child Support

In New Jersey, as in all states, the right of a non-custodial parent to regular access to and visitation with minor children is not tied to the payment of child support. Though the non-payment of child support can create significant problems, denying visitation will typically only make things worse, as it will constitute a violation of a court order (your divorce decree) and could potentially place you in contempt of court.

Furthermore, absent a showing that the non-custodial parent poses a physical threat to the minor children, it’s unlikely that a court will issue an order denying visitation with minor children. That does not mean, though, that a custodial parent who is not receiving child support cannot petition the court to change the terms of visitation. However, the courts will be unlikely to issue an order that negatively affects the children.

A better approach, when child support is not being paid, is let the matter be handle by the Probation Division of the New Jersey Department of Human Services. How do you do that? Well, as a general rule, unless you agree to some other method of payment in your divorce decree, that will be the default method for payment. With that approach, all child support payments will be made to the Probation Division, either directly or through wage garnishment. The Probation Division will keep records of all support paid, and has the power and authority to engage in collection actions, when there are arrearages. The Probation Division has a number of tools at its disposal, including:

Wage garnishment
Attachment of tax refunds
Suspension of passport or driver’s license renewals
The issuance of an arrest warrant for contempt of court

Contact the Law Office of David M. Lipshutz

Filed Under: Child Support in New Jersey Tagged With: Deny Visitation for Unpaid Child Support in New Jersey

When Your Child Refuses Visitation

January 4, 2022 by David Lipshutz Leave a Comment

What Can You Do If Your Child Doesn’t Want to Spend Time with You?

Divorce is difficult on everyone, but tends to affect children much more than adults. From toddlers to teenagers, kids are often acutely aware that their situation is different from most, if not all of their friends. Constantly going back and forth can be exhausting, and can leave children feeling like they don’t truly belong anywhere. Often, that can manifest in a child’s desire or decision not to spend time with a non-custodial parent. When your child tells you or your ex that he or she doesn’t want to have visitation, what can (and should) you do?

The Law in New Jersey

Technically, a child must be at least 18 years old in New Jersey to have the legal right to choose where he or she wants to live…and to choose not to see one of his or her parents. That doesn’t mean, though, that a younger child may not be granted that right by the court. However, for a minor to have the legal right to refuse visitation, the minor must go to court and get a signed order from the judge.

As a rule, the courts tend to be open to a request for refusal of visitation. First, though, the court will typically have a hearing to gather additional information. The judge will carefully gather evidence, seeking to ascertain whether the custodial parent has wrongfully influenced the child, or is offering some type of reward or benefit if the child refuses to see the non-custodial parent. The court may also examine whether there is any threat of harm or physical abuse to the child, either from the custodial or the non-custodial parent. In these types of hearings, the court may also take testimony from the child, and may give weight to that evidence.

Talking to the Child and to the Custodial Parent

Generally, though, using the courts to enforce a visitation order against your child is not recommended. The quality of your visitation will likely be minimized when it is compelled.

Your first course of action may be to talk with the custodial parent, to see if they have a better understanding of why the child is refusing visitation, or to see if they are complicit in the refusal. It can also be beneficial to speak directly to your child, to see if there has been some miscommunication, or to attempt to mend a damaged relationship.

Contact the Law Office of David M. Lipshutz

Filed Under: Child Visitation Tagged With: Child Refuses Visitation

Wishing You And Yours A Merry Christmas & Happy New Year

December 24, 2021 by glmain Leave a Comment

We are sending holiday cheer to you in the hopes that you and your family have a very Merry Christmas and a healthy New Year.

As we look forward to 2022 we humbly pray that the new year brings a new sense of peace and joy as we enter the new year ready for a return to normalcy and prosperity.

Merry Christmas & Happy New Year

Filed Under: Uncategorized

Spousal Support in New Jersey

December 1, 2021 by David Lipshutz Leave a Comment

What Types of Alimony Are Available? How Does the Court Determine Spousal Support?

Alimony…it seems like an archaic term, something that’s gone by the wayside as women have become fully integrated into the workplace. Do the courts in New Jersey still grant alimony/spousal support awards? If so, how do the courts determine both eligibility for alimony and the appropriate amount/duration of payments? Are there different types of alimony a court can award?

Alimony—Still Alive and Well in New Jersey

Though the frequency with which alimony awards are granted has diminished, and though the types of awards given tend to be different, parties to a divorce still have a right in New Jersey to ask the court for spousal support. The court may, at its discretion, order either party to a divorce to pay alimony to the other party, based on a wide range of factors, including:

The length of the marriage—Though there is no minimum requirement, the longer parties have been married, the greater the chances of securing alimony
The health and age of both parties—For recipients, older age and poorer health weigh in favor of support. For payors, the opposite is true.
The potential earning capacities of the parties
The standard of living to which the parties were accustomed during the marriage
The actual needs of the recipient, in comparison with the ability of the other party to pay
Whether or not the parties played a significant role in parenting during the marriage
Whether or not the recipient owns any income-producing property
The outcome of the property settlement in the marriage

The Different Types of Spousal Support

Though the courts have the discretion to grant an alimony award with an open duration, it’s becoming more common for spousal support to have a limited duration. A recipient whose age or infirmity makes it difficult or impossible to become self-sufficient may receive alimony permanently, but most alimony awards are:

Temporary—Established for a set period of time…usually a period of years
Rehabilitative—Put in place until the recipient is able to be self-sufficient, through training, education or career advancement

The Termination of Alimony

Alimony can be terminated or reduced by various events, such as

The remarriage of the recipient
Cohabitation by the recipient with a partner in an intimate relationship
The retirement of the payor

Accordingly, it is critical to properly and tightly draft any alimony provision in the divorce decree.

Contact the Law Office of David M. Lipshutz

Filed Under: Spousal Support Tagged With: Types of Alimony

How Is Marital Property Divided in New Jersey? What Factors Are Considered?

The Factors Considered in an Equitable Distribution in New Jersey

Contact the Law Office of David M. Lipshutz

How Will Custody, Visitation and Property Settlements Be Affected?

What Constitutes Domestic Violence?

How Will Allegations of Domestic Violence Affect the Outcome of Your Divorce?

Contact the Law Office of David M. Lipshutz

Must Child Support Include Payment of Medical Insurance Premiums for Minor Children?

Medical Expenses under the New Jersey Child Support Guidelines

Contact the Law Office of David M. Lipshutz

Can Your Ex Deny Visitation until You Pay All Arrearages?

The Relationship between Visitation and Child Support in New Jersey

Contact the Law Office of David M. Lipshutz

The Basic Things You Need to Know

The Different Types of Custody in New Jersey

What Factors Go Into a Custody Determination?

Contact the Law Office of David M. Lipshutz

The Advantages and Disadvantages of 50/50 Parenting

The Benefits of Equal Shared Parenting

Contact the Law Office of David M. Lipshutz

What Are Your Rights When Child Support is Past-Due?

The Right to Visitation is Not Conditioned on Payment of Child Support

Contact the Law Office of David M. Lipshutz

What Can You Do If Your Child Doesn’t Want to Spend Time with You?

The Law in New Jersey

Talking to the Child and to the Custodial Parent

Contact the Law Office of David M. Lipshutz

What Types of Alimony Are Available? How Does the Court Determine Spousal Support?

Alimony—Still Alive and Well in New Jersey

The Different Types of Spousal Support

The Termination of Alimony

Contact the Law Office of David M. Lipshutz

CONTACT US TODAY