On behalf of The Law Offices of James M. Newman and Associates, LLC posted in Family Law on Friday, May 18, 2012
Child support in Michigan is determined not only by the non-custodial parent's income, but also based upon how many nights per week a child actually stays with that parent. This differs from other states that look at that parent's income without taking into account how often the child is staying with that parent.
This is only one of many unique aspects of divorce law. All 50 states have their own statutes, child support guides, alimony rules and procedures for handling family law matters. What is and is not considered marital property may differ from state to state, inheritance rights may be handled differently in one state than another, one spouse may be forced to pay part if not all of the other spouse's legal fees in certain states, and some states will order the paying of college tuition after the child is 18-years old.
On behalf of The Law Offices of James M. Newman and Associates, LLC posted in Child Custody on Tuesday, May 15, 2012
New Jersey parents of special needs children already face a number of challenges when it comes to raising such a child, and divorce can only make such circumstances when dealing with child custody arrangements even more trying. To begin with, such children may require ongoing assistance and support long after they reach adulthood.
Such children may require tutoring, private education, a variety of types of therapy and medical care, and special living arrangements. Often financial resources such as Social Security Disability or other supplemental income is not sufficient to meet the child's needs.
On behalf of The Law Offices of James M. Newman and Associates, LLC posted in Child Support on Friday, May 11, 2012
It may or may not surprise New Jersey mothers in that they are more likely to being paying child support and alimony than they did in the past. A study has shown that 56 percent of family law attorneys nationwide have noted an increase in mothers paying child support over the past three years.
This is perhaps a reflection of society. Women are making more money than they used to so the primary breadwinner in the family is no longer as likely to be the father.
On behalf of The Law Offices of James M. Newman and Associates, LLC posted in Domestic Violence on Tuesday, May 8, 2012
That domestic violence occurs at all is tragic. However, the problem is compounded when the victim of such violence is financially restrained from seeking any sort of protection or help.
A New Jersey chief of police stated his particular city had seen a 20 percent increase in domestic violence during the years of 2010 and 2011. This is occurring at a time when unemployment in a number of New Jersey cities is also approaching 20 percent. "When stresses in the home increase because of unemployment and other hardships," this officer was quoted as saying, "domestic violence increases."
On behalf of The Law Offices of James M. Newman and Associates, LLC posted in Divorce on Thursday, May 3, 2012
The handling of property division during a divorce is one of the most important tasks that a New Jersey family law attorney can perform. There is finality to such decisions made concerning property divisions at the close of a divorce that can become disconcerting for clients much later on.
Even lawyers in our nation's largest law firms are prone to making errors when it comes to dividing up of the assets. A partner in a large firm went through a divorce proceeding where marital assets added up to the millions of dollars. After the property was divided up the partner then invested his money with Barnard Madoff while his former spouse decided she had better things to do with her money. Let's just say the former spouse of the partner made better money choices than her lawyer ex-husband.
On behalf of The Law Offices of James M. Newman and Associates, LLC posted in Family Law on Tuesday, May 1, 2012
As if divorce between New Jersey couples wasn't already bad enough, certain spouses going through divorce are using domestic surveillance technology to try to get the upper hand. Such technology has become so handy that many individuals seem to believe that it should become an acceptable practice to spy upon the other spouse.
The problem with such technology is not just it is a means of finding out what the other spouse is doing. It also can result in private conversations with attorneys, family members and friends to be recorded and sometimes made public. Such spying might also become the subject for various lawsuits concerning the federal wiretap laws.
On behalf of The Law Offices of James M. Newman and Associates, LLC posted in Child Custody on Thursday, April 26, 2012
What is becoming a hotly debated concern in child custody lawsuits involves whether a child should or should not be raised in a strict religious environment. A New Jersey woman of Orthodox Jewish persuasion discovered how contentious this issue could become when she attempted to leave her religion.
Rabbis and even family law attorneys warned that she may lose custody of her children in a divorce proceeding. This is because judges have been known to look at the religious upbringing of a child in determining which parent does get custody. Often religious environments are looked upon as being more stable and therefore the parent perceived as being more religious has benefitted from such rulings.
On behalf of The Law Offices of James M. Newman and Associates, LLC posted in Child Support on Tuesday, April 24, 2012
In New Jersey, non-custodial parents are being jailed for failing to pay their child support and in frequent cases the amount owed was more than a pittance. For example, one New Jersey man owed more than $90,000 in back child support. In another instance, after ignoring three outstanding warrants, a parent was jailed for not paying $34,791.89 in child support.
Ultimately, it is the children of these parents that suffer when child support obligations are not met. Too often non-custodial parents are more wrapped up in disputes they have with their former spouses than in doing what is best for their children.
On behalf of The Law Offices of James M. Newman and Associates, LLC posted in Divorce on Sunday, April 22, 2012
The division of assets is always complicated, but can be more complicated when dealing with retirement accounts. Whether you are a young professional and have retirement accounts or you are facing retirement and divorce, you may have heard of a QDRO.
A QDRO is a Qualified Domestic Relations Order is a court order that allows an alternate payee (a spouse, ex-spouse, child, or other dependent) to collect money from a retirement order.
On behalf of The Law Offices of James M. Newman and Associates, LLC posted in Domestic Violence on Monday, April 16, 2012
In a neighboring county of Freehold has been trying to increase awareness of domestic violence occurring in our New Jersey homes. Advocates for victims of domestic abuse have thus been honored by Women Aware, an organization formed to address various women's issues.
Women Aware was formed in 1979 and describes itself as the first domestic violence agency in New Jersey that provides a permanent solution to the problem of homelessness for women and children trying to escape domestic abuse. The organization provides a 24-hour hotline, an emergency shelter that can house up to ten families, counseling services, legal advocates, support groups and educational forums.
