You are currently browsing the monthly archive for August 2011.

 

             Once a Final Restraining Order (FRO) is granted by a judge, it remains in effect indefinitely.  There is no expiration date or date upon which it lapses.  The continued existence of a Final Restraining Order may or may not affect one’s ability to obtain employment, obtain a promotion, etc. 

 

            The law does provide for the dismissal or dissolution of a Final Restraining Order if certain criteria are met.  To request the dissolution of a Final Restraining Order a formal application must be made to the court.  The court must consider certain criteria.  If the court thinks it is appropriate to dismiss a Final Restraining Order, it may do so even over the objection of the victim.  However, all of the enumerated factors are scrutinized by the court.  Additionally, the court is free to consider any other factors the court deems relevant.

        Should you have a need to revisit a Final Restraining Order, contact one of the attorneys at 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.