In New Jersey, the obligation of child support is often determined during a case settlement. In such a settlement, divorcing spouses come together with their respective attorneys and attempt to draft an agreement. In this agreement, child support -- both the amount and the length of time it will be paid -- can be determined. If the couple fails to come to an agreement, the determination may come from a judge overseeing the case.
]]> The aforementioned agreements are known as matrimonial settlement agreements or property settlement agreements. If you are unsure of the agreed-upon parameters of your child support, reexamine this document. Without an agreement or decision made by a court, child support often continues until a child is considered to be outside the influence of the parents. This may mean that support will last until the child gets married or becomes a full-time member of the military. It can also end when the child turns 18, the legal age of adulthood.If that child decides to receive a post-secondary education, support payments may still be necessary. They can be modified during this time, but in the state of New Jersey, it is likely that the court will decide that support is still necessary while the child is receiving an undergraduate education.
If your child is considering the possibility of a post-secondary education, be sure to discuss it with your former spouse to better understand the situation. It may require some legal attention, especially since there is the potential for an elongation of support, which will cost the noncustodial parent more money over time.
Source: Haddonfield Patch, "Ask The Lawyer: Child Support Payments," April 28, 2012
]]>The lawsuit was filed after the politician had won his first term in 2010. Political experts believed that the ongoing suit would become a major factor in his campaign for re-election.
]]> Currently, the politician is doing battle with a Democrat whose own campaign has been using the allegations made against him to its advantage. Throughout his competitor's campaign, the man's past has been brought up several times.According to the politician, the allegations made by his wife were not true. He went on to say that he endured the attacks made by his political enemies for his family and, contrary to popular belief, he has been very involved in raising his three children.
The congressman and his former wife were married in 1987 and divorced in 2004. During that time, the couple birthed three children that are now 24, 21 and 17 years old. Their mother, 47, is a consultant at a global public policy firm. According to records, the congressman currently earns $174,000 a year from which $2,134 are deducted on a monthly basis to provide support to the youngest of the couple's children.
Recently, a settlement was reached in the lawsuit filed by the children's mother. The details of the agreement were kept private, but a statement was issued that said that the couple now agreed: The congressman never owed child support.
He will continue to have support payments taken out of his paychecks on a monthly basis until his 17-year-old son graduates from high school.
Source: The Bellingham Herald, "Congressman, ex-wife settle lawsuit over child support," Rick Pearson and Katherine Skiba, April 20, 2012
]]>Similar to custody rulings, child support agreements can be hard to enforce across international boundaries. Thanks to a recent move by the New Jersey Department of Human Services, family law is changing and that may no longer be an issue for those support cases involving a certain country.
]]> An announcement made earlier this month has indicated that the state of New Jersey and the Dominican Republic will be working together to ensure that child support orders are enforced in both countries. This will have a direct and immediate effect on 536 different cases, each of them including a parent that lives in the foreign nation.According to the commissioner of the Department of Human Services, child support is an essential component of combating poverty. She said that payments received by custodial parents in a timely and regular manner assist with them becoming more self-sufficient. This allows them to stop relying on social service benefits issued by the state and federal governments. The commissioner also indicated that this new agreement represents important progress for the state's support system.
The announcement was made at the Justice Complex in Trenton, New Jersey. In attendance was the New Jersey Attorney General. Commenting on the topic at hand, the Attorney General said that pursuing parents living abroad that are behind on their child support is tough without agreements such as this. Political, judicial and social issues often get in the way of such attempts.
According to the Department of Human Services, the state of New Jersey has agreements to enforce child support orders with 21 countries. These agreements have helped facilitate many international cases.
Including domestic payments, the state's child support program distributed more than $1.2 billion in child support payments last year.
Source: NorthJersey.com, "NJ officials: Child support orders in Dominican Republic will be enforced," Susan K. Livio, April 18, 2012
]]>For example, take Scarlett Johansson's recent comments on her divorce from actor, Ryan Reynolds.
]]> According to her, the divorce that ended the celebrity couple's marriage was devastating. She explained that it was as if her life was heading in one direction but then suddenly took an unexpected turn that she did not want to happen.The two had married in late 2008 and announced their divorce two years later, in 2010. Johansson has said that she is still getting over the split, despite having other men in her life since.
Johansson, 27, believes that time spent with one another was a major factor that led to the split from Reynolds, 35. She has said that the pressures involved with two people pursuing careers such as theirs was too much for their relationship. They did not get to spend the necessary time living together or even face-to-face. She indicated that the strain that this put on their relationship was something that she wishes they could have avoided.
Johansson also commented on the relative privacy that the couple had during their marriage. This is surprising, considering how well known both individuals are. Johansson's relationships after the split, including one with another actor, were under close watch by the public, which she says took a bit of adjusting in order to get used to.
The divorce is still with her, though she says that she is getting better with time. She says that not having him around -- as a partner and a close friend -- is simply "weird."
Source: Seatlle PI, "Scarlett Johansson on 'Horrible' Divorce From Ryan Reynolds: It's Still 'Weird'," Kate Stanhope, April 12, 2012
]]>The divorce expo was called "Start Over Smart" and it was the brainchild of two women: a mother and a daughter. The mother is a family and child therapist while the daughter is a divorce mediator. Both have seen divorce and what it can do to a family and the individuals involved and they believe that it is time for society to stop feeling ashamed when the time for a marriage comes to a close.
]]> Many have compared it to a wedding expo, with experts giving advice, vendors selling goods and attendees looking for guidance and help with their present circumstance. According to some attendees, the event had a self-help feel to it.This is what the creators wanted when they originally hatched the idea of a divorce expo. Many believe that the first thing you should do when a divorce occurs is run to an attorney, but the mother-daughter team believes that the first person that should be called is a therapist, a divorce coach or anyone that can help deal with the emotional turmoil that this sudden event can cause.
With the help of a board of advisors, the expo carefully examined each and every exhibitor and presenter. This allowed them to ensure that the messages being told to audience members and attendees were in line with the ideas that they had as a group.
One of the presenters that appeared at the divorce expo spoke about collaborative law which is similar to divorce mediation. Like mediation, both parties attempt to resolve the divorce and the associated proceedings without heading to court. Unlike mediation, both parties have legal counsel that can advise them on what to do.
Many people who become divorced feel ashamed and this should not be the case. An outreach event such as this helps remind individuals that divorce happens.
Source: WNYC, "At Divorce Expo: Advice and Solace," Brigid Bergin, April 2, 2012
]]>In one such child custody situation, a man from Tinton Falls, New Jersey, lost his son when his wife took the boy to Brazil and chose not to return.
]]> Their son was 4-years-old in 2004 when the man's wife took the boy. She remarried, but later died while giving birth to another child.An international custody dispute was initiated for the son after her death. In 2009, the father from New Jersey finally had his son returned to him. Since then, the father has said that his son is a normal, happy child. He is in sixth grade now and he likes basketball.
Another person from Rutherford, New Jersey is upset because she has not seen her grandchildren in years. Her son is a member of the U.S. Marines and he was stationed in Iraq. When he returned home, he found out that his wife was having an affair. She soon left the country, traveling to Japan and is refusing to allow the father of their two children to visit.
Sadly, stories like these are not uncommon, in yet another international custody battle, a father has not seen his daughter since July 2003. That was when he was stationed on a U.S. Navy base in Japan. His wife was a Japanese native. During their time living on base, she decided to leave with their daughter and stop communicating with the father. The woman eventually died, but now the child's grandmother refuses to return the daughter to her father.
The U.S. State Department says that parents have reported about 3,200 abduction cases such as these between 2008 and 2010. Approximately 4,700 children were involved in those cases.
In response to these many cases, a subcommittee of the U.S. House of Representatives has approved a bill that would allow the federal government to place sanctions against countries that refuse to cooperate in such custody disputes. The sanctions could be as minimal as a public rebuke, but could be as serious as trade and credit suspensions.
Source: Daily Record, "International N.J. custody dispute spurs legislation for sanctions," March 27, 2012
]]>During the late 1960s, approximately 10 percent of couples in the U.S. moved in together before getting married. Many of those marriages ended in divorce. According to some, the divorce rates for those couples were much higher than others. But now, approximately 60 percent of couples try cohabitation before tying the knot.
]]> A co-director at the National Center for Family & Marriage Research said that this decision has become so common that it does not surprise her that it no longer possesses negative effects on marriage.The research was conducted by the Centers for Disease Control and Prevention. About 22,000 men and women were surveyed. All of those that were surveyed were between the ages of 15 and 44 during 2006 to 2010, the years when the study was conducted. Forty percent of those surveyed were married.
According to the study, couples that were living together while engaged had a similar marriage success rate to those that had not lived together before getting married. This was determined by whether the marriage made it 15 years or more. Findings on couples that lived together without being engaged indicated that these marriages were less likely to survive 15 years.
This latter data was reflected in earlier research.
When examining the research from the female perspective, marriages that began with a couple that had not lived together or that was engaged while living together had a 60 percent chance of lasting 15 years. If the couple was not engaged while living together, that chance decreased to 53 percent.
According to the study, numbers were similar from the male perspective.
Source: New York Daily News, "Move-in before marriage no longer predicts divorce: study," March 22, 2012
]]>In some circumstances, the parent that gets to claim the children as dependents is easy to determine. Simply ask this question: Which parent has full custody? Whichever parent has full custody is entitled to claim any child he or she has custody of as a dependent during tax season and any other time of the year, for that matter.
]]> In this situation, it is the norm for the custodial parent to spend the most money on and time with the child. This earns custodial parents the right to claim the child as a dependent, in the eyes of the Internal Revenue Service.But what about in a joint-custody situation? Who is considered the custodial parent then?
According to experts, the parent that is considered the custodial parent is the one that spends the most time during the tax year with the child. If parents have spent an equal number of nights throughout the year with their child or children, the IRS determines the custodial parent by examining the adjusted gross incomes of both parents. Whoever has the highest adjusted gross income is considered to be the custodial parent.
Even if this is the case, it does not mean that the noncustodial parent cannot claim a child as a dependent. Of course, both parents cannot claim dependency if they are filing separately, which means that the custodial parent will have to give up his or her right to do so.
In addition, several key factors must be in place for a noncustodial parent to claim dependency.
The couple has to be legally separated or divorced. A child that is to be claimed as a dependent must have been in the custody of at least one parent for half of the tax year. Any children that may be claimed as dependents must receive more than half of their support from their parents.
After these requirements have been met, an agreement must be submitted which shows that the custodial parent does not want to claim dependency; then, and only then, can a noncustodial parent receive the tax benefits of having a child.
Source: Reuters, "Which Spouse Gets to Claim Child as Dependent?," Cynthia Hsu, March 14, 2012
]]>The change in family law, if this legislation were to pass, would likely be a dramatic one. It would transform obstetricians across the state into collectors of DNA. These records would likely be given to a public agency, but would it be secure there?
]]> The intentions behind the proposal are much less dystopian than the legislation sounds. According to the assemblyman, this would allow child support and child custody disputes to be resolved much sooner than ever before. In fact, it may allow some people that are not the parents of the child they are being ordered to pay support on to avoid the long-term costs of doing so.This has happened before. The state assemblyman said that he has heard several different stories about parents paying child support for years, only to find out later that the child was never theirs to begin with.
In the bill, it does state that individuals who result in a zero chance of parentage can escape the responsibility of child support. This may mean that a parent that has already begun paying child support may no longer have to do so, if a DNA test returns the corresponding results.
On the other side of the benefits, this system could ensure that parents who choose not to pay support -- believing that the child is not of their own flesh and blood -- could be forced to do so, based on the DNA testing that the baby was subjected to at birth.
Despite the potential effects that this bill could have on the legal system, it will not likely be considered. The amount of money and time it would cost to put the system into place -- not to mention the invasion of privacy that some see it as -- will likely get in the way of it ever becoming a law.
Source: NJ.com, "Bad idea for N.J. to get all babies' DNA," March 7, 2012
]]>According to a 2006 study that surveyed the American Academy of Matrimonial Lawyers, approximately 25 percent of lawyers had seen a noticeable increase in pet custody cases since 2001. The AAML membership is 1,600 strong and has members throughout the nation.
]]> Though the survey is about six years old now, the president of the AAML says that there is no doubt that numbers have increased since then. One attorney said that the number of pet custody cases he has heard has increased by 15 percent over the past five years. Interestingly, he and his former partner share custody of an 8-year-old dachshund named Dudley.According to some lawyers, most judges send the pet with the child to whichever spouse the custody determination deems to be the better fit parent. But many relationships nowadays are ending without a child and the determination is much harder for the courts to make.
State legislation throughout the nation forces courts to consider pets as property. While this may be the legal case, it seems that divorce proceedings are changing towards a more personal route for animals.
No law currently recognizes visitation with an animal, according to one person that is sharing custody of several pets -- a parrot, two cats and three dogs -- with a former partner. That means that former partners need to work out their own agreement to ensure that the shared pet continues to be just that, shared.
Source: Washington Post, "Child may have an edge when custody of dog is at stake, but who gets dog when it is the child?," Feb. 28, 2012
]]>This supposed statistic was disclosed during a discussion regarding the recent passing of a bill allowing same-sex marriage. The governor soon vetoed the bill.
]]> According to reports, this divorce data is not accurate. At the University of Virginia, an assistant director of the National Marriage Project said that divorce statistics vary widely depending on education, race, sex and age but the 67 percent that Sweeney discussed seems a bit off. According to the assistant director, statistics that high would be noticed and felt by the majority of the population.Because of this, we would not see so many married people.
According to the National Center for Health Statistics, the United States had a divorce rate of 3.4 per 1,000 people in 2009. The National Center for Health Statistics is part of the Centers for Disease Control and Prevention.
Used more often than this approach is the estimation of the likelihood that marriages will end in divorce. According to several experts and studies discussing this approach, the likelihood that a marriage will end in divorce is somewhere between 40 and 50 percent.
A family sociology professor at Pennsylvania State University wrote that estimates of divorce are around 45 percent. Adding in those couples that separate but never get divorced brings that percentage to about 50, according to him.
Another expert -- this one an associate service fellow with the National Survey of Family Growth -- reinforced one of the aforementioned statements: Divorce rates depend highly on the population that is being examined.
Source: The Star-Ledger, "Steve Sweeney claims two-thirds of marriages end in divorce," Feb. 21, 2012
]]>One of the hardest parts of the divorce process for people from New Jersey is the alimony determination. Currently, spousal support can -- and often is -- awarded for the entirety of the life of the payor, according to some.
]]> Advocates against this supposed lifetime alimony suggest that long-term alimony lasts for the rest of someone's life after it is assigned. This suggests that an individual will have to pay their former spouse on a monthly basis until they die. These advocacy groups want New Jersey law to be changed so that judges can no longer award lifetime spousal support.But one professor of family law believes that the term is new and that lifetime alimony is a misnomer. She says that the proper term is "long-term alimony" and it can be altered if a former spouse heads to court and convinces a judge that the situation has changed.
She also says that permanent alimony is not awarded as frequently as some might believe. Judges are more likely to give lifetime alimony to spouses that have been married for a considerable amount of time. Yet according to the professor, needs and ability to pay are considered as are the health and ages of both spouses involved.
If the person seeking alimony sacrificed their ability to earn an income for the sake of the marriage, the likelihood that they will be awarded alimony is increased.
Even if permanent alimony is given, it is possible to have it altered. But many do not have the ability to afford an attorney to have the process followed through. This leaves many without a modification simply because they cannot afford it.
Source: Star-Ledger, "Does judge's discretion make alimony fairer?," Feb. 10, 2012
]]>According to the U.S. Census Bureau, the divorce rate is on a steady decline and is 5 percent lower than it was in 1996.
]]> The news came as researchers realized that the bad economy may be keeping marriages together. According to some, the raised unemployment rate has forced many couples to stay together possibly due to the expenses that are tied to divorce. States with higher unemployment rates have seen fewer marriages ending since the recession began, according to researchers.Maine had the highest divorce rate in the nation at 14 percent. New York and New Jersey were on the opposite end of the spectrum, tied for the lowest divorce rate with 8.5 percent. Yet, just because New Jersey had one of the lowest divorce rates does not mean that its economy is also one of the worst in the nation.
The data indicated that the most common reason for divorce was infidelity. Next in line were communication problems and then abuse -- be it emotional, psychological or physical. Financial issues and sexual incompatibility wrapped up the top five reasons.
The data also showed that women are getting divorced at a younger age than men. Many recently divorced women were between the ages of 25 and 44; while recently divorced men often fell in the range of 35 and 54. A study of the information suggested that divorce leaves more of a negative impact on women than men with 26 percent of recently divorced women living below the poverty line while just 13 percent of men lived similarly.
Source: NBC Washington, "Divorce Rate Falling Nationwide," John Wist, Feb. 8, 2012
]]>Fortunately for unwed fathers in New Jersey and throughout the country, they now may have one less thing to worry about in the near future if the relationship goes awry during a pregnancy. A state lawmaker in Utah has introduced a bill that will prevent an unmarried woman from coming to the state, giving birth and putting up the child for adoption without the consent of the biological father.
]]> The bill's introduction comes after the Utah Supreme Court made a ruling on a case involving an unmarried Colorado man that was involved in a similar situation. Another father in Florida has also been affected by the state's current adoption laws and is currently fighting for his parental rights before the Utah Supreme Court.If passed, a pregnant woman will have to give notice by mail or publication to the biological father if they are unmarried and he is not within the state at the time of the decision. Any father -- whether within the state or elsewhere -- will no longer have to file for a court action so that he can file a notice of intent to claim paternity with the state.
With the elimination of this clause, unwed fathers will have an easier time of claiming paternity, which may put the brakes on the adoption process much sooner. This could save a serious amount of legal work from occurring to rectify the situation if the father is not happy with the decision to put his child up for adoption.
Notices will have to be sent by the mother to the last place of residence for the father. If there is no known place of residence, the notice should be published to a newspaper in the last area that the father was known to reside. This notice will include information on how he can protect his rights as a father.
After the notice is received or published, the father has 30 days to respond after which his agreement to the adoption will be assumed.
Source: Utah News, "Utah adoption bill aims to give unwed fathers more protections," Brooke Adams, Jan. 27, 2012
]]>Let's say a spouse that was left in charge of the bills failed to pay them on time. If any of those bills were in the name of the other spouse, his or her credit history may be severely affected. Placing this much trust in someone may be admirable when it comes to marriage but it can be considered naïve from a financial perspective.
]]> When divorce leaves a person wondering what his or her finances look like, it may be time to examine the several free credit reports which can be found online and can be obtained annually. These will give an indicator towards what the spouse's credit looks like but will not give a credit score.If late payments appear at all, the effects can be detrimental. If they occur often enough, it could restrict any credit that an individual could have access to in the future. After a marriage ends, this could continue happening if a former spouse is in charge of certain bills. Though a divorce agreement may require the payments be made, the legal responsibility still falls on the person whose name is on the delinquent bills.
To further establish credit and securing its stability, be sure to separate any joint credit cards or loans that were held during the marriage. By eliminating these, there is no longer the risk of late payments affecting one or both of the spouses' credit histories.
Source: Fox Business, "Square One: How to Build Credit After Divorce," Lynnette Khalfani-Cox, Jan. 25, 2012
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