November 24, 2014 By

Alimony or Spousal Support in New Jersey

Woman carying groceriesThough New Jersey courts are generally less inclined now to grant alimony or spousal support in divorce proceeding than in years past, either party to a divorce may still pursue compensation after a marital breakup. When a party to divorce requests alimony, the court will consider a number of factors to determine whether the petition has merit. The court may grant permanent support, order payments for a specific period of time, or require a party to pay support until the ex-spouse can take care of his or her own needs.

The Criteria for Obtaining Alimony in New Jersey

When considering whether or not to compel a party to pay spousal support, the New Jersey court will look at:

  • The length of the marriage—generally, the longer the marriage, the greater the likelihood that the court will order some form of support
  • The age and health of the parties—courts are less inclined to order spousal support when the potential recipient is young, healthy and capable of providing for himself or herself
  • The actual needs of the potential recipient, as well as the ability of the other spouse to pay—in New Jersey, alimony is based primarily on need.
  • The standard of living during the marriage
  • The earning capacity of both parties—the court may look at specific skills, job training or education, and need not focus on whether the party was employed during the marriage. However, the length of time a party has been away from the job market may be a mitigating factor. Furthermore, the court may consider how much time and what it will cost for the non-working party to obtain education or training to become self-sufficient.
  • The extent to which the parties participated in the acquisition of marital assets
  • The property award in the divorce—If the court considers the property award to be sufficient to provide for necessary support, alimony may be denied.

Contact Taylor & Boguski

At Taylor & Boguski, we have more than 70 years of combined experience representing parties across New Jersey. For a free initial consultation, send us an e-mail or call us at 856-234-2233.

Filed Under: Divorce Mediation
October 27, 2014 By

The Criteria for Establishing Child Custody in New Jersey

Father and daughter easting breakfastIf you are involved in a divorce proceeding and have minor children, one of the difficult issues you will have to address centers on where the children will live, and how to maintain positive relationships with both parents—custody and visitation. As a parent, you want what’s best for your child, but you also want to play a meaningful role in their growth and development.

In New Jersey, the criteria for determining child custody and visitation are straightforward. The courts are charged with putting custody and visitation arrangements in place that are in the “best interests of the minor child.” When identifying what is in the child’s best interests, the courts are required to consider certain factors, including:

  • The history and inclination of the parents to agree, cooperate and communicate on issues involving the children
  • The historical interaction and relationship between the child and each parent, and between the child and siblings, including the extent and quality of any time spent between parent and child before or after the separation
  • The demonstrated willingness of both parents to honor custody and visitation arrangements
  • The safety of the child, as evidence by any history of domestic violence, including spouse or child abus
  • The relative stability of each parent’s home environment
  • Any special needs of the child, including medical, educational or religious needs
  • Any responsibilities (work-related or other) of either parent that may affect ability to be present as a parent
  • The proximity of each parent’s home to school, medical care, church or religious training, or other critical aspects of the child’s life
  • The wishes of the child, if the court determines the child is old enough and has the capacity to make “an intelligent decision.”

Contact Us

At Taylor & Boguski, we bring more than 70 years of combined legal experience to people throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-234-2233.

Filed Under: Divorce, Divorce Mediation
September 30, 2014 By

Finalize Your Divorce without the Time, Expense and Emotional Turmoil of a Trial

The Benefits of Divorce Mediation

Parents pulling child in separate directionsIf your marriage has ended, but you have minor children, you will still have to work cooperatively with your ex-spouse until your kids become adults. Accordingly, it may not be in your best interests to make your divorce proceeding a battleground—you may want to make your ex-spouse suffer, but your children will be hurt in the process. Mediation can help you amicably resolve your disputes, so that you can move forward without acrimony and bitterness.

The Basics of Mediation

In mediation, both parties work with a third party neutral, known as a mediator. The mediator does not represent either party, and has no vested interest in the outcome. The mediator’s principal objective is to help the parties identify mutually beneficial solutions to such difficult issues as child custody and visitation, child support, alimony or spousal support, and the division of marital assets.

A mediator does not perform most of the functions of a judge. The mediator is not concerned about who is “right” and who is “wrong,” or about who has the most compelling evidence. The mediator simply works to bring the parties together, helping both sides understand the consequences of not working out their differences cooperatively. As a consequence, the mediator does not take testimony from witnesses, does not consider evidence, and does not issue any type of ruling as to whose arguments prevail and how the dispute should be resolved. A mediator may suggest a specific resolution to a party, but the suggestion is not binding.

The benefits of mediation are many:

  • The parties actually make the decisions, rather than waiting for a judge or jury to rule on facts and law
  • Mediation is typically less expensive than litigation
  • Mediation can usually be completed far more rapidly than litigation
  • Mediation is not a winner take all approach—in a successful mediation, both parties should feel they got what they needed

Contact Us

At Taylor & Boguski, we bring more than 70 years of combined legal experience to men and women throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-234-2233.

Filed Under: Divorce Mediation
August 11, 2014 By

Setting Yourself Up for Success after Divorce

Police emergency light & conesWe represent spouses going through divorces and the many legal issues that may arise afterward. A divorce can be traumatic and a person may see it as an end to one phase of their life. But it’s also a new beginning, an opportunity to start over and make the most of the rest of your life.

An article on the WebMD website has some practical advice for those starting over after a divorce.

1. Seek Out a Support Network

There may not be a single strategy to ease the pain and loss that divorce brings. But leaning on a support network can be a critical strategy to help you start over.

This can help you emotionally, but also with practical issues. You may find yourself being a single parent for the first time. You want to be strong for your children, but trying to juggle a full-time job while being a full-time parent can be stressful and exhausting, especially if you have more than one child or if they are young or have special needs. You may want to seek out others in a similar situation, talk to your pediatrician, take advantage of school resources and get to know teachers and school administrators.

Hopefully your relationship with your ex-spouse is healthy enough so that he or she can be relied upon for help when necessary.

2. Redefine Yourself

Going through a divorce means no longer being part of a couple. This can be seen as a relief or frightening. Give yourself time to explore what you want and need in the future. Be constructive, not destructive, and take up new hobbies or activities and develop new interests to expand who you are. Doing something physical like exercise, gardening, biking or hiking may help you work off stress and meet new people.

3. Minimize the Impact on the Kids

While coping with the breakup of a marriage can be painful, that pain should be limited as much as possible for your children. Ex-spouses should try to make the new situation as positive as possible. Avoid criticizing the other parent in front of the children. Engaging in a “scorched earth” policy concerning your ex may result in younger children showing regressive behavior, like bed-wetting, and older children and teenagers can exhibit low self-esteem and engage in risky behavior.

Avoid pulling children into any ongoing conflict with an ex-spouse, so they can avoid having to take sides. Whatever short-term gain you might think you’ll get by enlisting your kids, you risk long-term relationship losses with your kids.

If after your divorce you or your children need professional help coping with the new, post-divorce reality, contact our office. We can refer you to qualified therapists who have helped many of our clients in the past.

Filed Under: Divorce Mediation
July 11, 2014 By

Preparing for the Divorce Ahead of Time

Creating a checklistA divorce can be a long, complex, life-changing event. Based on our many years of experience representing clients getting divorced, it’s not something you should just jump into unprepared. If you’re seriously considering getting a divorce, talk to one of our attorneys about your situation and take these steps to prepare for the process.

1. If you have kids, maintain a stable, safe home environment for them.

It’s rarely a good idea to move out of the marital home and leave your children with your spouse. If you do, a judge may get the impression that you think your spouse is a great parent and is perfectly capable of taking care of your children. Depending on the circumstances, that may or may not be a message you want to send.

2. Keep a daily record of everything you do with your children.

Include the time they spend with your spouse as well. Note any negative events (arguments started in front of your children, belittling comments about you said in their presence).

3. Gather documents to support what you’ve said in your record.

Write down names of witnesses who have knowledge of your parenting skills or those of your spouse. Get copies of relevant police reports or school records.

4. Gather all information and documents related to your financial situation and make copies.

Look for bank statements, credit card statements, investment account statements, retirement account statements, loan applications, the last three to five years’ tax returns and W-2 forms, property tax bills, mortgage statements, etc. It’s common that one spouse maintains the financial records, makes payments and cuts checks while the other stays out of the finances. In a divorce, this may leave one spouse unaware of what the other is doing.

5. Take an inventory of all of your personal property.

Normally, property that was yours before the marriage is considered to be separate property and should remain yours (with some exceptions).

6. Save some cash.

The divorce process can be very expensive. Put aside some cash so you have some liquid funds. Put the money in a new account in a bank other than the one you normally use. You may need money to live on or to hire legal representation, financial experts and mental health professionals to guide you through your divorce.

7. Open your own post office box.

This will ensure that your mail will sit securely in a locked box that only you can access so you can receive confidential mail from your divorce professionals, as well as bank statements. Start an e-mail account that only you can access, which may also help keep online correspondence private.

8. Get a copy of your credit report.

Resolve any disputed debts as soon as possible. Monitor your credit report to make sure that your spouse is not dissipating marital assets. If you fear your spouse might borrow money in your name, sign up for a credit monitoring service so you can be notified if there’s a change to your credit history.

If you have any questions or concerns about getting a divorce, the legal process and how it may affect you, contact our office for a free consultation.

Filed Under: Divorce, Divorce Mediation
June 5, 2014 By

Negotiating a Custody Arrangement That Actually Works for Your Children’s Well-Being

Mother, father and childDivorcing parents have to focus on protecting their own interests as far as assets, debts and income. They must also factor in the interests of their children, and it’s normally in a child’s best interests to be part of the lives of both parents. We help parents put together custody agreements.

If children are involved, some divorces can degenerate to the point where children become pawns in the power game between divorcing spouses. If one spouse wants custody, then the other doesn’t want that to happen just as form of punishment for some real or imagined past deed. Just because a person was a bad spouse doesn’t mean he or she is a bad parent.

Though there are cases in which a child’s time with a parent genuinely needs to be limited, that’s not normally in the child’s best interests. Custody agreements should be worked out between the parents, which requires them to act like adults if they want to act in their children’s best interests.

How to make the best of the situation

The key elements of a successful custody agreement that serves a child’s interests are:

  1. A focus on meeting a child’s needs: What are those needs? How can each parent meet those needs? What are the child’s personality, interests and activities? How can these needs be met without one or both of the parents overextending themselves?
  2. Enough detail so that both parents and the children know what to expect: There needs to be some predictability, and each parent needs to know what’s expected of them so they can live up to their end of the bargain.
  3. Regular reviews to determine whether changes should be made in the agreement: Children grow older and their needs change over time. One or both parents’ situations may also change.
  4. A way for the parents to make decisions and resolve conflicts regarding parenting issues: As much as you need enough details in the agreement, not all issues can be resolved on paper. As time passes and issues arise, how will the parents make decisions? What’s the best way for the parents to communicate? What role, if any, will the child’s input play? Should some form of third-party mediation take place in case the parents are deadlocked over an important issue?

Working out a functional custody agreement can take flexibility and imagination, but mostly a desire to serve the best interests of the children. If you have any questions about child custody agreements, contact our office for a free consultation.

Filed Under: Divorce, Divorce Mediation
May 7, 2014 By

I’ve Inherited Money during Our Marriage. Do I Have to Split That If I Divorce?

Generally, no. But since this is the law we’re talking about, it’s not that simple.

Unless the parties can come to an agreement, a judge will divide marital property in a fair and “equitable” way during the divorce proceedings. The issue then becomes whether this inheritance, or part of it, is marital property. Money or property inherited by one spouse isn’t normally considered marital property, so it isn’t divided at divorce, depending on how it was handled during the marriage.

Everything divorcing spouses own must be classified as either marital or separate property. Marital property includes assets (and debts) that were acquired during the marriage by either spouse or by both of them together, with exceptions.

Separate property includes assets that either spouse acquired before the marriage and during the marriage when assets are:

  • Inherited by just one spouse
  • Received by one spouse as a gift from a third party

Separate property can become marital property

An asset may begin as separate property but change (“transmute”) into marital property:

  • Adding a spouse to the title: If a spouse inherits real property and later adds the other spouse’s name to the title, it becomes marital property.
  • Contributing marital assets: If the title to an asset stays in one spouse’s name and it increases in value, that increase might be marital property. If a spouse helps make mortgage payments or helps pay for remodeling costs for a house that the other spouse inherited and is in that spouse’s name only, any increase in value in the house would probably be considered a marital asset.
  • Mixing (or “commingling”) assets: If an inherited sum of money is deposited into a joint account, it may be impossible to determine, if deposits and withdrawals are constantly made, what portion remains separate property.
  • Using separate funds to buy marital assets: If a spouse uses an inherited sum of money to buy a house that is in both spouse’s names, this separate asset becomes a marital asset.

Keeping separate property separate and proving it

As long as separate property is carefully kept separate, it and any increased value of it belongs only to the spouse who originally owned it. A prenuptial agreement created before the marriage can also spell out which property is separate.

A spouse claiming to own inherited, separate property at divorce will have to prove it.

  • That’s easier when the property was never mixed with marital property and meticulous records were kept to establish that.
  • If your inheritance was mixed with joint funds, proving it is separate property is not impossible, but it can be very difficult.

If you have any questions about property division during divorce, contact our office for a free consultation.

Filed Under: Divorce, Divorce Mediation
April 7, 2014 By

Can Child Support Be Used to Pay for College?

Mount Laurel Workers’ Compensation Attorneys

It’s not uncommon for a certain amount of confusion to arise around the issue of whether or not child support can be used to pay for college. Technically speaking, the New Jersey Child Support Guidelines apply to the cost of raising a child from birth to the age of 18. Consequently, New Jersey’s Child Support Guidelines do not apply to children over the age of 18 unless they are still in high school or attending a similar secondary educational institution.

However, in certain situations, the court may decide to extend child support beyond the age of 18. In general, the court will act in what it believes to be a child’s best interests. In what way, then, could extending child support to pay for college be considered “in a child’s best interests”?

Child Support and College Expenses: Understanding When It May Not Apply

In general, when a child reaches the age of 18 or is considered “emancipated,” child support payments stop. Most custodial parents are puzzled by this and often ask why, when college costs continue to rise, child support isn’t extended to pay for college.

Part of the reason child support may not be ordered in relation to college costs is the amount paid toward child support in the first place. Secondly, many college students work to help pay for their own education, or else they take out loans. Here, if a student can bear some of the costs of his or her education, child support is deemed unnecessary by the court.

Lastly, if a student is in need of financial help to defray the costs of college, it may make more sense for the noncustodial parent to give money directly to his or her child rather than doing so indirectly through the custodial parent.

Case Law: Child Support and College Expenses in New Jersey

In Newburgh v. Arrigo, the New Jersey Supreme Court decided that, given the egalitarian nature of society and the increasing number of families interested in sending their children to college, the following 12 factors should be used to determine if child support should be used to pay for college:

  1. Whether the parent, if still living with the child, would have contributed toward the costs of the requested higher education
  2. The effect of the background, values and goals of the parent on the reasonableness of the child’s expectation for higher education
  3. The amount of the contribution sought by the child for the cost of higher education
  4. The ability of the parent to pay that cost
  5. The relationship of the requested contribution to the kind of school or course of study sought by the chil
  6. The financial resources of both parents
  7. The commitment to and aptitude of the child for the requested education
  8. The financial resources of the child, including assets owned individually or held in custodianship or trust
  9. The ability of the child to earn income during the school year or vacations
  10. The availability of financial aid in the form of college grants and loans
  11. The child’s relationship to the paying parent, including mutual affection and shared goals, as well as responsiveness to parental advice and guidance
  12. The relationship of the education requested to any prior training and to the overall long-range goals of the child

Contact Mount Laurel Child Custody Attorneys at Taylor & Boguski

If you’re unsure whether or not the Newburgh ruling applies to your situation, contact Mount Laurel child support attorneys at Taylor & Boguski. We can review your situation and determine the best legal options available to you for determining if you have a case for extending child support to help pay for your child’s college education.

Filed Under: Child Support, Divorce Mediation
March 12, 2014 By

Can I Get Child Support If My Ex Is in Another Country?

Depending on the situation, yes. We represent clients seeking child support from the other parent, whether that parent is across the street or across the globe.

Agreements with other countries

The federal government has negotiated reciprocity agreements with several countries and is negotiating declarations with others on behalf of all U.S. jurisdictions. The following countries are foreign reciprocating countries for child support purposes.

  • Australia
  • Canada
  • Czech Republic
  • El Salvador
  • Finland
  • Hungary
  • Ireland
  • Israel
  • Netherlands
  • Norway
  • Poland
  • Portugal
  • Slovak Republic
  • Switzerland
  • United Kingdom of Great Britain and Northern Ireland

These agreements spell out procedures for establishing and enforcing child support orders across borders. Requirements may vary, but a parent will be asked to provide the same kind of information as in a domestic case. Including as much specific information, such as the address and employer of the noncustodial parent, as possible is a good idea.

Possible steps when there is no agreement with the other country

If the other parent works for an American company or for a foreign company with offices in the United States, income withholding might be possible even if the country he or she lives is not one of the reciprocating countries. Approaching a foreign employer doing business in the United States directly for help might prove successful. If the other parent is employed by the Department of Defense or another federal agency and living overseas, the agency employing the parent could be contacted to arrange payment.

The state Office of Child Support could get involved and criminal charges could be filed if the other parent is not paying support. That could lead to an arrest and extradition from the other country. One instance of this took place in 1997, when the state of Massachusetts, working with Interpol, had a parent who was the subject of an outstanding warrant deported from the Dominican Republic and arrested on arrival in the United States.

If there is no reciprocal agreement with the country where the other parent lives, a child support enforcement action could be filed in the appropriate court in the foreign country. This normally requires hiring a local an attorney. The Department of State, Office of American Citizens Services may have information on foreign child support laws and a list of English-speaking attorneys. That foreign attorney will probably want any documents concerning child support proceedings and decisions from New Jersey.

Child support issues can be complex, and we work with our clients to get the best possible outcome for them and the children involved. If you have questions or concerns about child custody, contact our office.

Filed Under: Divorce, Divorce Mediation
February 7, 2014 By

Retirement Plans: Is It Better Financially to Stay Married?

Mount Laurel Divorce Attorneys • Marital Asset Division

It’s not unusual for someone to wonder whether or not they can afford divorce — after all, divorce will impact your monthly income, health benefits, credit score and taxes. Additionally, if you get a divorce you’ll need to divide your marital assets. Since New Jersey is an “equitable division” state, the court will determine what it believes to be a fair and equitable division of marital property. Practically speaking, this means the court may divide your savings accounts, investments or business assets it considers marital property.

For these reasons, couples that have been married longer and have older children in school may decide divorce isn’t in their best financial interests at this time. However, if you are in debt and considering bankruptcy, divorce may be in your best financial interests.

Retirement Plans and Divorce

An important consideration in determining if divorce makes financial sense for you at this time is how any savings or retirement plan assets will be divided. In cases in which only one spouse has a 401(k) or a retirement plan in place, a divorce may substantially change the amount of savings you had initially planned for. New Jersey state law considers retirement accounts to be marital property. Consequently, any retirement plan is subject to a Qualified Domestic Relations Order (QDRO).

In essence, a QDRO ensures that the nonparticipating spouse in a retirement plan will receive a portion of the assets contained in the plan. The plan’s administrator must be notified — usually through paperwork prepared by an attorney — indicating the amount the nonparticipant spouse is entitled to receive.

Qualified Domestic Relations Orders and the Finances of Divorce

If you don’t work or have very little money in your 401(k), you need to consider what makes financial sense if your spouse has a retirement plan or substantial savings in his or her 401(k). While you are entitled to receive a portion of your spouse’s retirement plan benefits, you cannot simply take the money owed you without incurring a substantial financial penalty.

Secondly, the value of a QDRO will grow as the plan benefit grows over time. In this way, a divorce and QDRO will provide you with some measure of financial security in your later years, but your quality of life may suffer now if you live alone and must support yourself as a result.

If you are the working spouse and stand to lose some of your pension plan assets through a QDRO, staying married may, in the end, make more financial sense. Combined earnings and Social Security benefits may mean the difference between a fairly comfortable retirement and one in which you face a certain amount of financial stress from having to live alone.

Contact Mount Laurel Divorce Attorneys at Taylor & Boguski

There are a number of financial issues to take into consideration when considering divorce. How your retirement plan will be affected is only one consideration. In order to properly weigh the relevant factors involved, it’s important to talk to an experienced divorce attorney who can explain the division of marital assets, the division of marital debt and how your business or taxes will be affected as well.

If you are considering divorce but are facing serious financial problems, contact Mount Laurel divorce attorneys at Taylor & Boguski today to learn how we can help you.

Filed Under: Divorce, Divorce Mediation
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