What to Tell Older Children in a New Jersey Divorce. Generally, older children do better than younger children in terms of adapting to the changes that come with their parents get divorce. However, telling the chldren is never an easy task. Regardless, removing as much uncertainty for them as to their future is what can help them get through the process in the best manner possible. Often, older children, those in college or out of college, are concerned about where they are going to go for the holidays when they in the past they would go home to both parents. So, reassuring them about what will take place in the future and how holidays will be celebrated as a family in some manner can go a long way towards letting the children understand how their universe will not change completely and how their lives will go forward in a way that they can deal with.
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Child Support is determined generally in the State of New Jersey through guidelines for families earning a total combined income of $187,200. Information on the child support guidelines may be found at the link below.
There are a number of factors that are taken into account by the guidelines but the main two are income and overnights. The more income a party has, the more likely they will pay child support. The more overnights a parent has, the more likely they will receive child support. If for example, the parties have shared parenting time, an equal amount of overnights, then the party making more income may pay a small amount of child support depending on the amount of income difference between the parties and the overall income for the two parties.
NEW JERSEY DIVORCE AND THE UNCONTESTED DIVORCE PROCESS (Part I)
If you and your spouse believe that you are amicable about the terms of your divorce, you may wish to seek an uncontested divorce in the New Jersey Family Law Courts. At Green & Associates, we work with parties to reduce their legal fees and the time it takes for them to get divorced. You have to know the process and the best way to have parties come together on terms and how best to participate in the process of divorce where you are minimizing what has to be done with the Courts. Call us at 732-390-0480 or 201-242-1119 for a free consultation in our East Brunswick divorce or Fort Lee divorce and family law offices and speak with our NJ divorce lawyer or NJ divorce attorney. Night and weekend appointments are available.
You first have to understand what terms you have to memorialize, the following categories of terms should be addressed:
Equitable Distribution of Tax Deferred Accounts v. After Tax Assets in a NJ Divorce
Often after a divorce has been completed, a settlement agreement may have terms included in it that equitably distribute the assets that may include retirement accounts, pensions, real estate and bank accounts. These assets may be left to be distributed such that that are to be equalized in value between the parties.
It is important for the parties to identify the following at that time:
- Tax deferred accounts
- After tax accounts
- Real estate equity via independent appraisals
- Pension valuations – present day values
Tax Deferred accounts may include 401ks, 403bs, annuities, IRAs.
After tax accounts may include bank accounts, savings accounts.
Real Estate equity must determined after taking into account the parties mortgages, Home Equity Lines or other debt on their properties. Generally, an independent mortgage appraisal
Notice of Proposed Judgment of Divorce in a New Jersey Divorce. A Notice of Proposed Judgment of Divorce must be served upon a party in default twenty days prior to the default hearing date in a divorce, if the NPJ is not served timely then the Plaintiff will have to have the NPJ reserved for another day in order to provide the proper notice to a defendant in default in a New Jersey divorce in the New Jersey Family Courts. Generally, a plaintiff files a complaint for divorce and serves it with a summons upon the defendant, the other party.
The defendant has 35 days to answer or enter an appearance in the case. If they do not file either an answer or an appearance, then that party is in default and the plaintiff may go forward without the defendant.
If you are not married, and therefore, not getting a divorce, yet you live together in a house that where you have been paying the mortgage and taxes, as your partner’s parents own the property, you may be considered just a renter when it comes time for your relationship to end. You must be aware of your property rights in your relationship. If you are married and the house you are living in with your spouse was purchased before the marriage, again, you have to be aware of your rights in a marriage as to real property and what may be equitable distribution of that property in the future if in fact you have a New Jersey divorce.
Motion to Vacate Default in a New Jersey Divorce. After a default has been entered and a date has been set by the Court for a default, the other side may motion the court to vacate the default. Generally, the Courts are supposed to liberal grant the vacating of default in a default divorce in the New Jersey Family Law Courts. However, depending on the circumstances, if the other side requests that you consent to vacate default, you may wish to seek attorneys fees for the vacating of default where time and money in attorney fees for the default divorce have already been spent. In addition, if the other side has ignored multiple requests to settle the case with a property settlement agreement in advance of default, again, you may wish to seek attorneys fees rather than just consent to a vacating of the default.
Supervised Parenting Time in a New Jersey Divorce with Child Custody. There are times in a custody matter where it is necessary for supervised visitation to be ordered by the Court. If there are allegations of child abuse or domestic violence, or a current DCP & P investigation, then supervised visitation may be ordered by the Court until the conclusion of the DCP&P investigation and a risk assessment by a psychologist. A risk assessment generally contains a report by a psychologist which states whether or not the parent is a risk to the children in any manner based on their past behavior of child abuse, domestic violence or substance abuse. It may be necessary for a party to also obtain a substance abuse evaluation and drug testing as well in order for supervised parenting time to be terminated. Upon termination of supervised parenting time, a parenting time schedule may be put in place for that parent to have unsupervised parenting time with the children.
Fixed Fee for Filing a Divorce v. Flat Fee for Filing a Divorce. A fixed fee divorce or flat fee divorce may be a distinction without a difference in many instances. In New Jersey, divorce lawyers may charge a flat fee for specific services stated in the retainer agreement with their client. If you are seeking a limited uncontested divorce, here at Green & Associates, we may charge you a flat fee for the specific services related to such a divorce. An uncontested divorce may be a default divorce, where one party does not respond to the complaint for divorce, or it may be a divorce where both parties are in the case. Generally, if there is property or children, a property settlement agreement or matrimonial settlement agreement is drafted for the parties to agree upon issues of child custody, child support, alimony or spousal support and equitable distribution of real property or assets, debts or liabilities. Call us for a free consultation.
NJ Divorce and NJ Family Law Cases and Ordering Transcripts of Trials. If you have had a trial in New Jersey family court, whether that is a trial for a New Jersey divorce, a plenary hearing for a motion for modification of child support or alimony, or a motion for relocation or change of custody of a child, or for a domestic violence trial, if you decide to appeal that matter or file a motion for reconsideration, you will likely need to order a transcript of that proceeding. In addition, if a decision was made by a Judge on a motion in New Jersey family law court, there should have been placed on the record the findings of fact and conclusions of law that the Judge relied on to make their decision, those may not be in the Order of the Court, and you may need to order a transcript of that as well, so you know what arguments to make on any motion for reconsideration or appeal of the order.