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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.
Eva Longoria, the “Desperate Housewives” actress who recently split from NBA player, Tony Parker, took on a rather interesting and optimistic approach when communicating about her divorce; “I am not letting this take over. Something great is around the corner – I can’t wait to see what’s going to happen.”
Actor and film producer, David Arquette, recently faced divorce proceedings from actress Courtney Cox, who is best known for her role as “Monica” on the hit TV series “Friends”. The ex-Hollywood couple has been reported to remain friends and to cope with the fact that their marriage simply failed – without blaming the other. Mr. Arquette has said that going through a divorce is a difficult process; “It’s heartbreaking and it hurts really bad. It can really mess with your head.”
Longoria’s positive outlook and Arquette’s welcoming style are nothing short of admirable. Let’s face it – it is difficult to look on the brighter side when facing a divorce. After all, your world may be splitting in half – sometimes, literally. Unfortunately, the resulting depression and sadness so inherit in divorce can overwhelm. All too often, litigants spend good money after bad being angry – trying to get even with their soon to be ex-spouse.
No matter who you are, divorce has the deep and real potential to take over your mind; but, the way you react is totally up to you. Optimism and hopefulness is exclusive to those who are able to look past the perceived injustice of it all. Confidence in a new beginning is paramount.
It really does not have to be so bad. Divorce does not have to destroy and you should not let it destroy you or your family.
Speak to an attorney at Iandoli & Edens, LLC today who can help you get through the divorce process with optimism and confidence. We are here to help. Contact an attorney today at 908.879.9499.
It is not uncommon for a spouse who has filed a Complaint for Divorce to question his/her decision. Given the many emotions that surface during divorce proceedings, sometimes a spouse may wonder if he/she should give their partner one last chance.
Spouses should give special attention to their present circumstances when making this decision. If the reconciliation does not last and the spouse who previously dismissed their Complaint now wants to re-file their Complaint, his/her support obligations and/or share of equitable distribution may have substantially increased or decreased since the time of the initial filing. In most cases, the courts will look to the date of the second filing (re-filed Complaint) in making impactful financial decisions.
If you or someone you know is in a similar situation, it may be wise for that person to meet with a family law attorney to discuss the particulars of their situation and any alternative they may have. In some cases, spouses may choose to execute a Reconciliation Agreement whereby certain spousal expectations are delineated along with agreed upon financial distributions if a divorce occurs. Our attorneys are here to help you. Please call us at (908) 879-9499.
Happy New Year! 2012 is upon us and of course, New Year’s resolutions are in order. Here are some New Year’s resolutions to keep in mind:
1. Resolve to be enlightened. Surround yourself with knowledge. Many married individuals are terrified to file for divorce due to financial reasons or because of concerns pertaining to their children. Resolve to inform yourself about the law surrounding these issues. Understanding your rights will render a better you in 2012.
2. Resolve to save money. People find clever ways to save money from skipping a Venti latte Frappuccino extraordinaire in exchange for a delightful homemade cup of Joe. Others prefer to skip the exquisite restaurant dinner and opt for a budget-friendly domestic meal. The Court may be able to grant further financial relief if you elect to file a modification application to decrease your child support obligation or alimony requirement based on significant and permanent change in circumstances. If your application holds merit, the Court can decrease your support payments which can certainly help you keep your head above water in 2012.
3. Resolve to help others. Community service is a rewarding experience. Soup kitchens are always accepting volunteers, hospitals need caretakers and not-for-profit organizations will gladly accept donations. There are so many other small ways you can help. All too often, litigants facing a divorce or contentious parenting issues with the Court system experience immense stress and may feel alone and as if they have no one to turn to. Resolve to be a non-judgmental friend who will be there for the individual in grief and provide that special shoulder to cry on. Helping those in need – even in the smallest ways – will make the biggest difference for 2012!
Contact Iandoli & Edens, LLC today. We are here to help you in the New Year – just as we have for the past 18 years.
According to research on stressful life events, divorce ranks #2, just below death of a spouse. In fact, divorce is considered a more stressful event than incarceration!
So, if you are facing a divorce, how do you get through it? Kim Kardashian, hours after announcing her divorce from Kris Humphries, fled toAustraliafor some de-stressing. Similarly, Demi Moore headed toHawaii, after announcing her intent to divorce.
For those whose lives are a bit more complicated other forms of stress relief are available. It is important during this extremely difficult period to make sure to make time for yourself. If you are not OK, taking care of your job, your children and other responsibilities can become almost insurmountable. Meditation, yoga, exercise and pilates are all good forms of stress relief.
One of the most important things you can do for yourself is to find a lawyer who is not only an expert in the field of family law, but also is compassionate and trustworthy. If you are comfortable with your lawyer, you can leave a lot of the day-to-day divorce issues in his or her hands.
Our law firm’s goal is not only to get you the best result, but to make the entire process as stress free as possible. For an initial consultation, call one of our divorce lawyers today @ (908) 879-9499.
Surprisingly, statistics are showing that divorce after 60 is on a continuous rise. This may in part be because the baby boomers are creating a large population of people over 60. More people means more divorces.
Another concept, however, which has roots in a study in Japan is known as “Retired Husband Syndrome”.* Couples who have had very busy lives raising children, putting them through college, surviving (or thriving) during the early empty nest years are often woefully unprepared for the reality of the husband’s retirement. This is most commonly an issue in families where the wife has been a stay-at-home mom. When suddenly faced with their husband being home on a full time basis, stress and discord can occur. Incompatibilities that have been simply not addressed for years can come to the forefront.
In other cases, the past may simply catch up with an unsuspecting couple. Arnold Schwarzenegger, age 63 is being divorced by his wife Maria Shriver, allegedly because of past infidelities.
Whatever the reason, divorcing after 60 has a unique set of issues which set it apart from other divorces. Although it is rarer to have custody disputes, other considerations arise. Retirement plans can already be in pay status and continuation of medical insurance can raise grave concerns.
The team of divorce attorneys at Iandoli & Edens are well versed in the issues of divorce after 60. Call one of our experienced lawyers @ 908 879-9499 for a consultation today.
* Japanese Society of Psychosomatic Medicine by Nobuo Kurokawa
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 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.
Seasons greetings! Winter is upon us. Inherent in the winter season are rising heating costs, snow shoveling, school closings and, of course, the holidays. For many families, it’s easy to plan for the holidays because tradition calls for a glazed turkey dinner on Thanksgiving Day at Aunt Ruth’s, an open fire around the wood-burning fireplace with eggnog and holiday cookies at grandma’s and, of course, the always extraordinary New Year’s bash at Uncle Joey’s.
So, why mess with a good thing? Although the holiday schedule may be somewhat tranquil for intact families, many divorced parents are left to struggle with holiday scheduling issues because – similar to the climate – it is subject to change. The thought of not having the little ones home for the holidays can be all too difficult for some parents to bear. Yet, parents must make concessions concerning their children’s winter schedule year after year which can become altogether exhausting even before the winter season begins.
While arranging this year’s holiday parenting time, it is important to consider what is in the child’s best interest. Ideally, a child should spend time with both sides of the family, even if it breaks tradition. Of course, this may be easier for some families than for others.
Fortunately, the Court can be petitioned (and often is) to compel parents to abide by a particular holiday parenting time schedule. In fact, the Court receives a blizzard of parenting time schedule applications right before the holidays. However, these parents run the risk of being compelled to follow a schedule neither parent (nor child) may appreciate. After all, no one knows your children better than you do; the Court is no exception.
That is why it is important to keep in mind that there are other – more time and cost effective – alternatives. Many parents will successfully resolve their dispute seeking the assistance of a trained mediator who will take the time to suggest scheduling alternatives without losing perspective. Also, parents may be inclined to contact a parenting time coordinator who is qualified to assist families in handling the most difficult compromising issues such as a holiday schedule.
If you are thinking about the upcoming winter schedule and are concerned about the impact of a holiday schedule on your children, contact one of the attorneys at Iandoli & Edens, LLC where one of our competent attorneys will help you decide which avenue is right for you and your family.
