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Divorce and Temporary Disability, Permanent Disability and Spousal Support or Alimony.

Mar 29, 2016 @ 05:15 PM — by Michael Green

Divorce and Disability.  Very often in cases individuals have had a medical problem or injury at work where they are temporarily or permanently disabled.  It is important that if they are going to be divorced that they have proof of disability whether it be temporary or permanent so that the parties may be able to determine issues of spousal support and other issues such as child custody and child support where the disability and the income being received impacts the overall settlement.  If there is temporary disability, the parties will have to in any matrimonial settlement agreement have a clause that deals with the alternatives depending on whether or not the disability becomes permanent or for how long the disability lasts.  If it is permanent disability proofs of being categorized as permanently disabled will have to be obtained for the other side. 

Overpayment to the Probation Department of Spousal Support or Child Support in a Divorce PostJudgment and What You Should Do About It.

Mar 9, 2016 @ 02:38 PM — by Michael Green

Overpayment to the Probation Department of Spousal Support or Child Support in a Divorce PostJudgment and What You Should Do About It.  Generally, in such a case, you should get a printout of the abstract of payments from the probation department, then send them a copy of your divorce judgment and property settlement agreement or matrimonial settlement agreement with all the terms of your divorce, so they may review your payments and make a determination.  If necessary, a motion may have to be filed with the court to request an audit of the account and a credit to you for any overpayment.  Finally, your ex-spouse may have to sign off on the credit, but if she or he is unwilling a motion may have to be filed as well.  The Court may otherwise continue to assess arrears to you if you stop payment without a court order or agreement with Probation as to any overpayment.  

FD Dockets - Domestic Dockets and How They Differ from FM Dockets or Matrimonial Dockets

Nov 4, 2015 @ 05:41 PM — by Michael Green

The FD Docket is for cases that deal with domestic issues regarding child custody, child support and spousal support, but the parties may or may not have to be married to file a case under the FD or domestic docket.  Individuals that are seeking to deal with issues of child custody and child support and that are not married, may file under the FD docket.  Those individuals that wish to deal with the issues of custody, child support and spousal support, but do not yet wish to file a complaint for divorce, may also file under the FD docket without filing for a divorce.   If you wish to have representation for an FD matter, call Green & Associates in our Fort Lee office at 201-242-1119 or in our East Brunswick office at 732-390-0480 for a free consultation.   Nights and weekend appointments are available.