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child support not enough

Let’s face it – New Jersey is expensive. We have addressed in this series what child support covers, but there are some things that child support does not cover that is a daily part of a child’s life.  One of these items are what we call extraordinary extracurricular activities.  Such as horseback riding, gymnastics, travel sports and so on.  The child support guidelines do not cover these type of activities, but there is an answer to the question.  Payment of extraordinary expenses can be negotiated between the parties.  The parties can agree between themselves what type of extraordinary activities their children are going to participate in and how the cost of those activities will be shared.  The parties can also agree between themselves as to whether or not the child is going to get a car at 17; and if so who is going to pay for it and cover the child on their auto insurance.  The child support guidelines are just that – a guideline.  Everyone’s case is a little different and there is a solution to each and every issue that arises.

If you have any questions regarding child support and how it relates to your family we are available to discuss your concerns with you, please call our firm at 908-879-9499.

 

 

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Last week we addressed what child support was. This week we are going to address what sources of income the Court looks at to determine a parent’s gross income.  Child support under the New Jersey Child Support Guidelines is based on both parents being responsible for the financial needs of their children.  The child support guidelines use the combined net income of both parents to determine the child support amount.  Generally, net income is gross income minus mandatory taxes, mandatory union dues, mandatory retirement, previously ordered child support orders and if appropriate a theoretical child support amount for other dependents.  Gross income can come from employment, business income, real estate gains, interest and dividend income, rental income, alimony and other sources as well.  For a party  who is not employed the Court may impute income to them – that is assign income to them that will be used in the child support guidelines.

If you have any questions regarding child support and how it relates to your family we are available to discuss your concerns with you, please call our firm at 908-879-9499.

whatarethechildsupportguidelines

 

First of all – What is child support? Why ask?  Everyone knows.  Right?  Maybe not.

Child support is not alimony. Although the person receiving the child support could be your ex-spouse, the actual support is not for them, but for the child.  Child support is paid from the non-custodial parent to the custodial parent.  In New Jersey guidelines were developed to assist litigants and the Courts in establishing fair and adequate child support awards.  Three basic premises of the New Jersey Child Support Guidelines are:  (1)  Child Support is the continuous duty of both parents (2) Children are entitled to share in the current income of both parents and (3) Children should not be the economic victims of divorce or out-of-wedlock birth.

The New Jersey Child Support Guidelines seek to determine what percentage of an intact family’s income is used toward the children and recreate that same percentage in a separated two-parent home. With that being said, it’s acknowledged that raising children between two households is very different than raising children in one.  The child support amount can often seen out of touch with the reality of the situation.  Nevertheless, the child support guidelines pursuant to Court Rule must be used as a rebuttable presumption in all cases that are establishing or modifying child support.  The types of cases can range from domestic violence matters, temporary support orders while the divorce is pending, interstate support cases, foster care, public assistance matters and post-judgment divorce cases.  Understanding the child support guidelines is an essential part of any child support case.

If you have any questions regarding child support and how it relates to your family we are available to discuss your concerns with you, please call our firm at 908-879-9499.

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Pursuant to the Internal Revenue Service, W-2 forms should be mailed out to employees by no later than January 31st for income earned during the previous calendar year. While this is over two months prior to April 15th, the traditional tax filing day for most Americans, it is never too early to gather up your vital income information.  It seems like April 15th comes earlier and earlier every year.  It’s impossible to file your taxes without knowing your income.  If you are considering getting divorced in 2017 this information is vital for a different reason.  It is almost impossible to get a fair and equitable divorce without knowing the income of both parties.  Income is the most important factor in most cases in determining alimony and child support.  As in most instances, in the case of divorce knowledge is power.  If you have questions about any aspect of the divorce process please contact one of our knowledgeable attorneys at IANDOLI & EDENS (908) 879-9499.

When going through a divorce or separation there are a multitude of sources to turn to for information.  Most of us turn to our friends and family.  After all, they are the core of our belief and trust.  Unfortunately, although they certainly have your best interest in their hearts, the information they may have may be skewed by horror stories of people they know, and perhaps more importantly their love for you and your children, and often your spouse.

The internet may be another source, but again, it is often the awfulness of the stories that hit the social media, with the true facts often obscured by sensationalism.

To learn what the law is in your state, and to hear what the options are in your situation, it is best to talk to an impartial Family Law attorney.  At Iandoli & Edens, we offer free consultations, where you can gather the information you need.  Knowing your rights can give you the power and decision-making knowledge for your individual situation.

To learn more, give IANDOLI & EDENS a call at 908-879-9499 and schedule your free consultation today.   You can also visit us on the web at www.iandoliedens.com.

The release of hacked information from the Ashley Madison dating website for married people has hit and hit hard.  It has been reported that New Jersey is number three in the country for the number of users.

Obviously, infidelity can rock a marriage to its core.  Before this utter devastation caused by the hack, infidelity, if discovered, was often known only to the three individuals involved.   For the people whose names are on the website, as well as the people who find their spouse’s name on the website, there is the additional dismay that friends, neighbors and family members can see them as well.  Unfortunately, this may lead people to react in a manner that is different than if they believe no one else is aware.

If you are affected by the Ashley Madison’s website hack, remember that the first and best response is  to speak to an attorney who knows family law, and find out what all your options are.

For more information, call one of our experienced divorce attorneys at IANDOLI & EDENS by phoning 908-879-9499, http://www.iandoliedens.com.

Conscious Uncoupling. What exactly does that mean? Gwyneth Paltrow and Chris Martin used it to describe their decision to divorce. While it may sound very Hollywood, there is a nugget of gold in there. As divorce attorneys at Iandoli & Edens, our motto has been “Divorce Doesn’t Have To Destroy”. In a way, conscious uncoupling embodies that belief.

When a couple decides that their marriage is no longer viable, if they have children, they must become the focus of the “uncoupling”. To raise healthy and happy children under adverse circumstances is difficult, yet it can and has been done. Knowing the love of both parents is crucial, but sometimes even more important is that the children see that parents who are divorcing can still respect each other.

At Iandoli & Edens we try to make that happen by emphasizing the children’s needs. To speak with an experienced divorce attorney call IANDOLI & EDENS at 908-879-9499 for a free consultation today. You can also visit us on the web at http://www.iandoliedens.com.

It seems like every time you read a newspaper or Google the news you hear more horrific stories about domestic violence. It can be something like the Ray Rice scandal, caught on video tape and rocking the NFL, or people you’ve never heard of in an article about murder/suicide of a couple.
So is domestic violence on the rise, or is it just more out in the open? Janay Rice allegedly claims that God made Ray do it to bring national attention to the problem of Domestic Violence. Whatever you believe, it is more out in the open today than ever before. Even as little as ten years ago there was an aura of shame felt by victims of Domestic Violence.

Today, Domestic Violence is one of the most complicated proceedings in Family Court. Unlike the Rice’s situation, Domestic Violence is rarely caught on video. Most often it is only the couple (and unfortunately sometimes the children) who witness the incident. In those cases the Judge must decide on the testimony of the two involved in the act, and their credibility. Testifying in open Court about such a private and emotional episode (whether true or not) can be extremely difficult for the litigants. Sometimes the accuser is so nervous or intimidated he or she makes a very poor witness. At times the accused is frantically trying to prove his or her innocence, and does not make a good impression to the Court.

At Iandoli & Edens we have a team of lawyers skilled in Domestic Violence. We take the time to prepare our witnesses, put them at ease, and ensure that they will be ready to take the stand.

If you are a victim or are accused of Domestic Violence, contact one of our professionals at Iandoli & Edens by phoning (908) 879-9499 for a free consultation with one of our attorneys experienced in Domestic Violence. You can also visit us on the web at http://www.iandoliedens.com.

Don’t you hate it when you call a professional and they do not return your call? We’ve all been there. Doctors, accountants, contractors, real estate agents and, yes, even lawyers have fallen victim to this horrible habit.

It goes without saying, waiting for someone to answer your question or to let you know the status of your matter creates unnecessary anxiety and worry. Very rarely do we come across a professional who will not only take the time to return our call, but who will call us back quickly.

Here, at Iandoli & Edens, LLC, we return phone calls. We answer your emails. We let you know what is going on with your case. Quickly. If an adversary calls on your case and we are unavailable, we return their calls too. Stop waiting by the phone. Iandoli & Edens, LLC is here to help. Call us today at 908.879.9499 or visit us on the web at http://www.iandoliedens.com.

Every field has its jargon. In family court and in your lawyer’s office you may hear the following: CIS, ESP, ISC, MSA, and JOD, to name just a few. Let’s give you the definitions:

CIS – stands for Case Information Statement. It is a form required by the court. It requests of you some general information such as name, addresses of you and any children, name and address of employer, name and type of medical insurance coverage, etc. It also asks financial information such as the amount of your monthly and yearly income. It asks you to attach your last tax return as well as three most recent paystubs. It asks for your monthly expenses. The monthly expenses are broken down into Schedules A, B and C. Schedule A covers shelter, Schedule B covers transportation, and Schedule C covers personal expenses. This form also asks you to list all of your assets and debt.

ESP – stands for Early Settlement Panel. If you are unable to settle your case the court will require that you attend an Early Settlement Panel at which time two volunteer attorneys will make a recommendation as to how they think you should settle your case. Sometimes it is helpful for both sides to hear from independent counsel.

ISC – stands for Intensive Settlement Conference. Before a trial, your judge may mandate that you attend an Intensive Settlement Conference at which time the judge will expect you to attempt to settle your case. You will be reporting directly to a judge who will want to know about the progress of your settlement attempts with your adversary while you remain in the courthouse.

MSA – stands for Marital Settlement Agreement. If you are able to settle all of your differences with your adversary, you may enter into what is called a written Marital Settlement Agreement. This Agreement is a legally binding contract and becomes incorporated into your Judgment of Divorce.

JOD – stands for Judgment of Divorce. That is the legal document/order from the court which dissolves your marriage.

For more information about these and anything else related to your separation or divorce, do not hesitate to contact one of the attorneys at Iandoli & Edens at (908) 879-9499, http://www.iandoliedens.com.

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