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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.
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 8, 2011 from 7:00 p.m. to 9:00 p.m. at the County College of Morris, Randolph Campus, Conference Room SCC 221, for our workshop regarding custody, parenting schedules and geographic limits.
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 November 8, 2011 from 7:00 p.m. to 9:00 p.m. at the County College of Morris, Randolph Campus, Conference Room SCC 221, for our workshop regarding child support, custody, enforcement, parenting schedules and geographic limits.
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.
Did anyone ever think this country would go so far as to designate a National Unmarried and Single Americans Week? Well it’s here and it’s this week. So is it to be celebrated? And if so, how?
We know there are plenty of people who throw divorce parties when their divorce is finalized. There is even a specialty line of cakes for the occasion.
However, the real statistics show that unmarried people, both male and female tend to live, if not in poverty, struggling financially. What both divorced and single people with children need to remember is that there are recourses through the court.
Post Judgment litigation is for when a divorced man or woman finds that the Agreement that they may have worked long and hard at reaching is no longer working for them. People lose jobs, medical insurance benefits; children grow and many things can change.
Likewise, never married couples with children may find the need for court intervention to establish or reduce child support, or set up a viable parenting schedule for a child or children to grow up knowing both of his or her parents.
At Iandoli & Edens, we represent clients in both Post Judgment actions and those who were never married.
To speak to one of our highly skilled attorneys about your specific issue, please call IANDOLI & EDENS at (908) 879-9499.
As we have read in the tabloids the supermodel Linda Evangelista has moved for child support for her four year old son, whose father is Francois-Henri Pinault, husband of Salma Hayek. She is asking for $46,000/month. Is this what it costs to raise a four year old? How will the court or the lawyers possibly decide? Common sense says no, but it is rumored that Evangelista earned 2 million dollars last year and Pinault is worth 11.5 billion.
In New Jersey (as in other states), child support is governed by the Child Support Guidelines which are a part of the New Jersey Court Rules. The Guidelines are applicable up to a net combined income of $3600/wk. ($187,200/yr.). In families where the income exceeds that amount (i.e. Evangelista/Pinault) the Court must add a discretionary amount of child support to the minimum basic award- that which would be awarded for $187,200/yr. For one child in New Jersey that amount would be $453/wk. ($1963/mo.) The Court would have to make a big jump to the $46,000/mo. requested by Ms. Evangelista.
Even for families with incomes less than $187,200/yr. net the Child Support Guidelines can be complex and confusing. Childcare, medical insurance and the number of overnights the child/children spend with each parent are taken into consideration.
For questions regarding child support in your particular situation, or enforcement or modification of child support, contact one of our Family Law Attorneys at (908) 879-9499.
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.
It is the responsibility of both parents to ensure that the needs of their children are met. Child Support in New Jersey is in most cases based upon the New Jersey Child Support Guidelines. The support amount is based upon the income of both parents and the average amount that intact families spend on their children. There are cases where the child support guidelines are not appropriate because the parents earn either too much or too little to fit within the parameters of the guidelines.
The obligation to pay child support ends upon a child’s emancipation when they are deemed to no longer be in need of their parent’s support. When is a child emancipated? This is an important question for both the person receiving child support and the person paying child support; not to mention the children themselves. There is no simple answer. Child support in New Jersey does not simply or automatically terminate at 18. Emancipation can be triggered by numerous events such as graduation from high school/college, marriage of the child, enlistment of the child in the military or termination of parental rights. Certain events, such as college can extend a child’s emancipation date into their early twenties. It must be remembered that the goal of child support is just that, support of the children’s needs.
If you have questions about child support please do not hesitate to contact us at (908) 879-9499.
