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When is an agreement reached? Can an agreement be reached before the Marital Settlement Agreement is signed by both parties? Are verbal agreements binding (i.e. legally enforceable) when they arise during conversations at home, during conferences with attorneys, or at mediation?
What if one party believes that an issue or the entire case is settled and the other party denies that an agreement exists? Then what? Evidence of an agreement would certainly be helpful to your position.
If you or someone you know is in this type of situation, it is very likely that you have heard the term “Harrington Hearing”. Typically, the spouse whose position it is that a settlement agreement exists will likely seek relief from the court in the form of a Harrington Hearing. A Harrington Hearing is a court hearing consisting of any and all testimony and evidence relevant to whether an agreement exists.
There are ways to avoid a dispute over whether an agreement exists. As a practical matter, the best evidence is when the terms of a settlement are typed or written onto a document that bears both parties’ signatures. Many times, attorneys put settlement terms on the record when an agreement is reached at court. In addition, most mediators advise their clients that settlement is not final until the parties have agreed to the terms outlined in the Mediator’s Memorandum of Understanding.
A family law attorney can be extremely helpful in these types of situations because he/she will know when and what to put on paper. Is it wise for you to piecemeal your settlement or only settle your case from a global perspective? Our firm can help. Call us at (908) 879-9499 to schedule a consultation.
Whether you are paying alimony or receiving alimony, or about to pay alimony or about to receive alimony, a recent case may be applicable to your situation.
Typically alimony is based on the standard of living enjoying during the marriage. You would assume that it is also based on the earnings during the marriage. However, that’s not necessarily the way it will work. A recent case made it clear that under certain circumstances a court can consider the earning capacities of the parties that include earnings beyond that earned during the marriage. The court said it can look at a principle called the “momentum of the marriage” to determine if that caused the higher future earnings. If so, and all the other criteria relevant to the case are satisfied, a payor spouse’s current earnings, even if higher than those earned during the marriage, can be used to determine the amount of alimony to be paid.
Should you have any questions about alimony, do not hesitate to contact one of the attorneys at Iandoli & Edens at (908) 879‑9499.
How much alimony will I have to pay?
How much alimony will I receive?
If you have a case involving alimony, both the party paying and the party receiving the alimony want and need to know what that amount will be. Unfortunately, there is no simple answer. There is no statute, case law or court rule which gives a specific dollar amount or percentage amount. To the contrary, the courts have indicated for years and recently reaffirmed that there is no formula. There is a statute that governs alimony in New Jersey. The statute lists 13 factors. The 13th factor is anything that the court deems relevant to your case.
If you are contemplating a divorce, you will want to know whether or not alimony will be involved and, if so, how much. Contact Iandoli & Edens at (908) 879‑9499 for an appointment with a knowledgeable attorney who will have a frank discussion with you regarding this issue.
Please join us on November 15, 2011 from 7:00 p.m. to 9:00 p.m. at the County College of Morris, Randolph Campus for our workshop regarding Child Support and Post-Matrimonial Relief – What to Do If Support Does Not Come Through or If Circumstances Change.
To register for this FREE workshop, please call (973) 328-5025, or e-mail womenscenter@ccm.edu.
Please join us on November 15, 2011 from 7:00 p.m. to 9:00 p.m. at the County College of Morris, Randolph Campus for our workshop entitled “Post-Matrimonial Relief – What to Do If Support Does Not Come Through or If Circumstances Change.”
To register for this FREE workshop, please call (973) 328-5025, or e-mail womenscenter@ccm.edu.
Please join us on October 18, 2011 from 7:00 p.m. to 9:00 p.m. at the Morris Hills School of Adult and Continuing Education for our seminar entitled “Economic Considerations in Divorce.”
This 2-hour workshop will explore the factors affecting alimony, child support and distribution of assets and debt in separation and divorce.
To learn more about this seminar or the Morris Hills School of Adult and Continuing Education visit:
Pre-registration and fee are required by theAdultSchool. To register for this seminar please call the Morris Hills School of Adult and Continuing Education at (973) 664-2295.
The newest celebrity divorce of the week is Jennifer Lopez and Marc Anthony. Some reporters seem surprised, others not so much. Celebrity divorces do seem to happen with increasing frequency. So is this the trend in Hollywood, or all over the U.S.?
Statistics vary when it comes to divorce rates, but one thing is very clear. There are a lot of divorcing couples. It is often said that the divorce rate in the U.S. is 50%. However, some studies say that rate is only for first marriages. For second marriages the studies vary between 60% and 67% and for third marriages 73 to 74%. Since this was JLo’s third marriage the break up is not surprising, at least statistically speaking.
What does all this mean to families in New Jersey? It certainly is sobering to think about. However, these statistics do have one impact that we see as divorce attorneys. With the rates so high, the resources for families going through divorce have increased tenfold in the last 20 years. Children are much more likely to have many friends whose parents are divorced. It is in fact quite common to hear children making plans for the weekend with the question “which house are you at this weekend?”
Schools also are very cognizant of changing family dynamics. Many schools have programs for children of divorced parents such as the club the Banana Splits.
For information on resources and programs available to help as you go through the divorce process contact one of our attorneys at Iandoli & Edens.
Please join us on April 27, 2011 from 7:00 p.m. to 9:00 p.m, at the Morris Hills School of Adult and Continuing Education for our seminar entitled “Economic Considerations in Divorce”
This 2-hour workshop will explore the factors affecting alimony and distribution of assets and debt in separation and divorce.
To learn more about this seminar or the Morris Hills School of Adult and Continuing Education visit:
Pre-registration and fee are required. To register for this seminar please call the Morris Hills School of Adult and Continuing Education at (973) 664-2295.
Alimony is a support payment from one spouse to the other. There are tax implications for both parties. When one spouse earns significantly more than the other spouse and the other spouse needs support in order to maintain the marital lifestyle, the case may be appropriate for an alimony award.
Usually both parties are expected to work to their best ability. Alimony is more likely to be paid in cases where there is a gross disparity in the incomes of both parties.
The New Jersey statute dealing with alimony lists approximately 10 factors which should be considered when deciding whether or not alimony should be paid. Some of these factors are the actual needs of a party and the other party’s ability to pay, the duration of the marriage, etc. However, there are no charts or formulas which can readily be used to ascertain whether or not alimony is paid and, if so, how much or for how long a period of time. Even if it is determined that alimony is appropriate in any given case, it must also be determined how much alimony should be paid and for how long a period of time the alimony should be paid. Should the alimony amount change at any given point, for example, when a spouse is capable of returning to work because the children are in school full time? Should the alimony change if the party who is receiving the alimony starts living with another, or remarries? Most parties are able to negotiate these issues. If they cannot, there will be a trial and a judge will decide.
To assist you with any of these issues, feel free to call one of the experienced matrimonial attorneys at Iandoli & Edens at (908) 879‑9499.
Jesse James, Tiger Woods, Senator John Edwards – what do they all have in common?
Accusations of adultery make the headlines but what does it mean in a divorce? Generally, in New Jersey adultery is sexual intercourse between a married person and a person not the husband or wife of that person. In New Jersey, you don’t get a divorce just because you want one. You have to allege and prove one of the grounds for divorce. Adultery is one of several grounds for divorce. If you can prove that adultery occurred, you will be entitled to a divorce. However, for the most part, proving adultery as opposed to any of the other grounds for divorce will probably not affect the finances in the divorce when it comes to alimony and equitable distribution. In New Jersey, when it comes to alimony, the Court is to consider approximately 9 factors and any other facts relevant to the particular case. None of the 9 factors consist of proving adultery. In New Jersey, the statute for the equitable distribution of property lists approximately 14 factors and the last item is any other factor relevant to the particular case. Again, none of the 14 factors consist of proving adultery. Even when it comes to custody, assuming the adultery was discreet, alleging a ground for adultery may not necessarily affect custody. While adultery is a factor to be considered, it does not automatically entitle one to receive more alimony or pay less alimony or to receive a greater or lesser amount of the distribution of the assets acquired during the marriage unless of course a pre-nuptial agreement provides otherwise. Depending on the facts in the case, adultery may not even affect custody.
You can learn how adultery affects your case by calling us at (908) 879‑9499.
