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Have you recently been laid-off from work or received a drastic decline in salary? Are you having trouble meeting your child support or alimony payments due to the substantial and permanent change in your financial circumstances? Do you feel as if there is no place to turn?
There is no need to stress about your financial worries when you can file an application to decrease support with the Court. Although the Court system is there to review your case, there is a two-step process you must first complete before a Court will entertain any downward modification in support.
First, you must submit an application disclosing your dire financial position. The application should be complete with documentation and financial information to aid the Court in analyzing your financial circumstances. The Court can only grant your application if you successfully show a prima facie case for modification. The Court must be satisfied that you fulfilled the first step by successfully illustrating an involuntary change in circumstance that has permanently and substantially impaired your ability to fulfill your financial support obligations. In the event you are unable to meet this criteria, your application will be denied. Consequently, it is important to utilize the services of an attorney who understands and is familiar with the legal criteria needed to help you proceed to level two.
After the Court finds you have established a prima facie case for modification, the next, and final step, is scheduling a final hearing to determine the extent of your financial circumstances. Prior to advancing to the final hearing however, many Courts will first require that you exchange discovery, such as Notice to Produce Documents and Request for Interrogatories, with the opposing party. You may need to submit to oral Depositions. The Court may also require that you participate in alternative dispute resolutions, such as mediation or attend an Early Settlement Panel to help settle the matter without further use of the Court’s resources. In the event you are unable to settle your matter, after witness testimony and the presentation of evidence, the Court will evaluate your matter to determine the extent of the change in your financial circumstances.
Contact an attorney at Iandoli & Edens, LLC to learn more. We are experienced attorneys equipped with the proficiency you will need to get you through a change in circumstance application. Do not delay any longer. Call today. 908.879.9499.
Employability Experts:
What to expect when one party is unemployed or underemployed
New Jersey law requires the Court to evaluate each party’s earning abilities to determine the proper income to impute for alimony and child support purposes. Income issues often arise if one parent is a stay at home parent or if a party is underemployed, refusing to earn a living commensurate with his or her capabilities. In the event someone is not working, the Court can impute income to that party. Of course, the cost of childcare is offset to replace the care provided by the stay at home parent if that is the case.
Hiring an employability expert is an effective method utilized to assess the unemployed party’s income capabilities. Reputable experts will meet with the subject to obtain information about his or her past employment history. Some experts may also ask the party to complete performance tests. The expert may research trends in connection with job availability and wages for a particular field. Once the expert completes his research, he will render a report complete with his findings.
It is important to note that a major drawback with hiring an employability expert is that there is no guarantee a Court will accept the expert’s findings. Refrain from mistakenly regarding the expert’s result as a stipulated fact between the parties or that the Court will take judicial notice of the results. Indeed, the employability report is only one factor, or suggestion, of many the Court may (or may not) consider.
Despite the drawbacks, there are many benefits to hiring an employability expert and you have the right to seek the assistance of said expert if you preserve that right. Contact an attorney at Iandoli & Edens, LLC for more information. 908.879.9499.
Join us for our Economic Consideration in Divorce Seminar!
This seminar will also include topics regarding Alimony, Child Support, and Equitable Distribution.
Where: Morris Hills School of Adult & Continuing Education
Date: Tuesday, April 10, 2012
Time: From 7pm until 9pm
Register Information: Morris Hills School of Adult & Continuing Education at (973)-664-2295
We hope to see you there!
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.
