MOVING ON AFTER DIVORCE

iandoliedensfamilylaw — Wed, 23 May 2012 18:07:34 +0000

Divorce is a life changing event. Moving on after divorce is challenging regardless of your circumstances. A significant part of this challenge is making sure that you are separated from your former spouses’ financial obligations. Credit card companies do not have to and most of the time will not remove a signed party from an obligation to a debt. For this purpose it is important that couples close all joint accounts. Typically, creditors such as credit card companies will allow a party to close an account and open a new account in his or her own name and transfer the amount agreed in the divorce to the new account. This of course depends on the individual’s credit. What if you agreed to deed the marital home to your former spouse, does this terminate your obligation on the mortgage? In order to terminate your obligation, your name must be removed from the mortgage, not just the deed. In order to accomplish this, it is important that your former spouse refinance and remove your name from the mortgage obligation. These are just a few examples of issues that need to be addressed after a divorce. An experienced matrimonial attorney will address these issues with you. Contact an experienced attorney at Iandoli & Edens, LLC today at (908) 879-9499. We are here to protect your rights.

Business Interest

iandoliedensfamilylaw — Mon, 14 May 2012 15:08:35 +0000

In a divorce, businesses are treated as assets and subject to division between the parties. Obviously, the party who owns the business usually continues to operate it, but will typically owe the other spouse money or a credit against another asset for his or her spouse’s marital share of the business. Owning a business during a divorce usually requires (1) that the value of the business be ascertained; and (2) that the spouse’s share be determined. The value of the business is usually determined by a forensic accountant trained and qualified to conduct business evaluations. The other spouse’s share of the business is usually negotiated.

To learn your rights about a business interest during a divorce, call one of the attorneys at Iandoli & Edens at (908) 879-9499.

HELP! I CAN’T MEET MY SUPPORT OBLIGATIONS!

iandoliedensfamilylaw — Tue, 01 May 2012 16:20:29 +0000

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.

ARE YOU THE BETTER PARENT?

iandoliedensfamilylaw — Fri, 13 Apr 2012 17:44:05 +0000

You have decided to move forward with a divorce and your spouse tells you that since he or she earned more money during the marriage, he or she will get custody of the children. Is this correct? What happens if you are awarded primary custody of your children and your former spouse remarries someone very wealthy making them more financially well off than you; will custody be transfer to your former spouse?

The family courts do not recognize the wealthier parent as necessarily the better parent. When it comes to deciding issues of custody and parenting time, the courts must focus on the best interests of the children. Factors such as which parent was the primary caregiver during the marriage, who takes the children to after school activities and doctor appointments, who helps with homework and is more involved with the children’s education, are all things the courts consider in determining which parent better serves the needs of the children. These factors will be paramount over which parent can buy the most expensive gifts for the children. Regarding home environment, the courts look to whether the parent can provide a clean, safe and stable home environment for the children. It is not necessarily the bigger house that wins when the court is deciding custody. Remember when Britney Spears was ordered to relinquish custody of her two children to her ex-husband, former backup dancer, Kevin Federline. The court felt that due to Spears’ irresponsible behavior, Federline was better able to serve the children’s needs.

Both parents will seldom be equal in their parenting skills or money available to them. A court has to consider all relevant factors in determining the best interests of the children when matters of custody are at issue. If you or someone you know has a custody issue, contact an attorney at Iandoli & Edens, LLC today at 908-879-9499. We are here to help.

WHO NEEDS A PARENTING COORDINATOR?

iandoliedensfamilylaw — Fri, 06 Apr 2012 13:32:47 +0000

Parenting coordinators are assigned by Judges in certain high conflict cases regarding custody. Just by reading the celebrity news headlines it is obvious that unfortunately may parents are simply unable to communicate with each other in the best interest of their child or children. Other couples make disparaging remarks about their children’s other parent that the child or children may become aware of. Anne Heche and her ex utilized the services of a parenting coordinator after Ms. Heche famously called her ex (and father of her son) a “lazy ass” on the David Lettermen show. Additionally, some parents involve the children themselves in the custody dispute by putting them in the middle.

The role of the parenting coordinator is set forth in the Pilot Program Guidelines as follows:

“The parenting coordinator’s goal is to aid parties in monitoring the existing parenting plan, reducing misunderstandings, clarifying priorities, exploring possibilities for compromise and developing methods of communication that promote collaboration in parenting. The parenting coordinator’s role is to facilitate decision-making between the parties or make such recommendations, as may be appropriate when the parties are unable to do so. One primary goal of the parenting coordinator is to empower parents to develop and utilize effective parenting skills so that they can resume the parenting and decision-making role without the need for outside intervention. The parenting coordinator should provide guidance and direction to the parties with the primary focus on the best interests of the child by reducing conflict and fostering sound decisions that aid positive child development.”

Iandoli & Edens can advise you as to your need for a Parenting Coordinator, as well as be appointed as one in your case.

For more information call: 908 879 9499.

Pensions Too Get Shared in Divorce!

iandoliedensfamilylaw — Mon, 02 Apr 2012 13:37:12 +0000

Often Pensions are in the name of one party of the other, but nonetheless pensions are deemed to be assets subject to equitable distribution. Eve if a pension was started prior to the marriage, usually one that portion of the pension acquired prior to the marriage is exempt. The portion of the pension acquired during the marriage is usually subject to equitable distribution. Likewise, that portion of a pension acquired after a cut-off date for equitable distribution is exempt and usually will not be shared.

That is not to say that the martial portion of the pension cannot be used as a set off against another asset. Sometimes one party keeps his pr her pension and the other party keeps another asset or a greater amount of another asset.

To assist with your rights, contact an attorney at Iandoli & Edens, LLC at 908-879-9499.

Status Check!

iandoliedensfamilylaw — Tue, 27 Mar 2012 17:59:48 +0000

The 1^st day of spring has come and gone!

What about those New Year’s Resolutions that you made to help you get through your divorce? Are you sticking to them? Now is a good time to re-evaluate your personal expectations for 2012 and where you see yourself headed. Are you taking the right steps to get where you want to be in life?

It’s important to answer these questions when you are enmeshed in divorce litigation. Divorce ranks second on the scale of life’s stressors. In fact, Divorce Stress Syndrome is now a common buzzword, and can manifest itself through panic attacks, insomnia and many other physical problems. Popular resolutions are to eat healthier, exercise, and enjoy time with friends. You should be taking care of yourself, emotionally and physically. By doing this, you will be better equipped to attend to your children’s emotional and physical needs. Are you following through with your resolution? Give yourself a status check!

If you or someone you know is going through a divorce, contact Iandoli & Edens, LLC today. We are here to help you in 2012 – just as we have for the past 18 years.

Employability Experts:What to expect when one party is unemployed or underemployed

iandoliedensfamilylaw — Mon, 19 Mar 2012 13:49:54 +0000

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.

Protecting Your Pre-Marital Assets

iandoliedensfamilylaw — Wed, 14 Mar 2012 16:12:10 +0000

Owning an asset prior to your marriage does not necessarily guarantee that the asset will be immune from division in the event of divorce. Generally, when an asset is brought into a marriage, the asset is exempt from division, however, there are exceptions. For example, if a party uses his or her separate funds to purchase a residence in his or her name shortly before the marriage and the home is later used as the martial home, the purchase may be considered to be “in contemplation of the marriage” and therefore transformed into a marital asset. This may be the case even if the home was titled in only the owner spouse’s name throughout the marriage. Also, a home purchased prior to marriage may become subject to distribution in the event of divorce if the property is maintained or improved with money or non-monetary contributions during the marriage.

Also, when added contributions or improvements made to pre-marital property during the marriage increase the value of the property, the appreciation in value may be considered as having been “acquired” during the marriage and therefore subject to distribution in the event of a divorce. Similarly, an IRA, brokerage or retirement account acquired prior to the marriage may increase in value over the course of a marriage. If the increase in value was a result of additional contributions to the IRA or other account, the increase would be considered acquired during the marriage and subject to distribution. However, if an account simply increases because of market conditions it is exempt. Additionally, if an investment account owned prior to the marriage increases in value during the marriage and the increase is brought about solely through the efforts of the owner spouse, that value is not distributable. However, conversely, if the value was derived in part or whole from the efforts from the non-owner spouse, it may be subject to distribution.

Additionally, the commingling of pre-marital assets with joint assets acquired during the marriage may effectively transform an otherwise pre-marital asset into a marital asset subject to distribution. For example, a spouse deposits pre-marital funds into a joint bank account with marital monies. The separate funds have been commingled with the joint account monies and are now arguably subject to distribution.

A spouse with separate pre-marital property must therefore be cautious as to where the money is going to be deposited, how the funds are going to be used, and who is going to have access. Otherwise, commingling of such funds can ultimately render it marital property subject to distribution in the event of divorce. The best way to protect your interest in pre-marital assets is to enter into a pre-nuptial agreement that outlines each party’s right to retain his and her separate property owned prior to the marriage in the event of divorce. Contact an attorney at Iandoli & Edens, LLC at 908-879-9499 to discuss your rights.

Economic Consideration in Divorce Seminar

iandoliedensfamilylaw — Wed, 14 Mar 2012 15:49:31 +0000

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!