Articles Posted in Support

Child support in New Jersey - How parental obligations are determined under the State's Family Law guidleinesParents’ financial obligations to their children don’t end simply because they separate. Child support is designed to ensure the essential expenses—food, clothing, housing, transportation—of raising children continue to be met. Additional expenses, like health insurance premiums, extraordinary medical care, and work-related childcare, may also be included, if needed. Determining each parent’s share of these obligations is based on several factors: income, parenting time, number and ages of children.

How Income and Parenting Time Play A Role

The percentage each parent contributes to the family’s combined net income is a major consideration when calculating child support. For example, if one parent earns 40% of the combined income and the other earns 60%, their individual child support obligation would be impacted by this. One parent’s receipt of alimony from the other parent would require adjustment of these percentages. Be aware, though, that a parent who is unemployed or under-employed by choice is not exempt from their child support obligation; rather their share of this obligation can be based on their potential earning capacity.

A man and a woman's hand pulling a dollar bill representing the financial conflicts that can prolong divorce proceedings.Some of the biggest hurdles facing a divorcing couple, other than child custody issues, involve money matters. These fights can prove costly, both financially and emotionally. Long, drawn-out arguments over the distribution of assets or the terms of support obligations can extend proceedings and increase the overall cost of your divorce. Therefore, it can be in the best interests of both parties to resolve these issues as expeditiously as possible.

One way to de-escalate financial conflicts is to maintain open communications with your soon-to-be ex, if possible – be honest about your financial situation and expectations. If circumstances surrounding your divorce don’t allow for this open communication, there are other strategies you can explore to help keep your financial conflicts to a minimum. To learn more, read “7 Ways to Reduce Money Conflicts in Divorce.”

Social Media posting can impact your divorce proceedingsSome people find social media a great way to keep up to date with friends and family; others use it to vent their anger and frustrations. The immediacy of social media can be cathartic to some extent, but it can have its consequences especially when you are going through a divorce.

Whether you are sharing photos of your latest impulse purchase or complaining about your soon-to-be ex, what you – and your friends – post on social media can work against you in your divorce. How? Read “Divorce and the Power of Social Media” for more information.

fair divorce settlement or financial fraud; Lady Justice with wedding bands in scalesWhether negotiating a divorce settlement in your lawyer’s office or going through divorce proceedings in court, arriving at a fair financial arrangement can be difficult. That’s largely because there are so many variables to consider when putting a value on what each spouse contributed to the marriage, which can lead to conflicting opinions as to what each spouse is entitled to.

Still there is a difference between feeling you were treated unfairly in your divorce and being a victim of financial fraud. How can you tell? A recent article in Forbes, “Red Flags of Financial Fraud in Divorce – And What To Do About Them,” highlights signs to watch for and what you can do to protect your interests.

Understand-Child-Support-FL-blog-300x200When parents are seeking a divorce, some of the biggest issues they will need to resolve involve their children, specifically custody arrangements and child support.

On the most basic level, child support is intended to cover the essential, daily needs of the children: food, clothing, and shelter. But support payments can also extend to cover additional expenses, including those related to education, healthcare, employment-related childcare, and extra-curricular activities. These additional expenses can often be a source of conflict between divorcing parties. If the parents cannot come to an agreement on how to divide these expenses, the court will intervene.

To prepare yourself to negotiate an equitable child support agreement or to better understand the court’s ruling, read “The Ultimate Guide to Child Support.”

stimulus__support_AdobeStock_408400886-300x200The government-issued stimulus checks were intended to help those eligible address some of the financial challenges brought on by the pandemic, but for divorced parents who share custody of their children and pay or receive child support, these payments have proven a major source of confusion in some cases.

Criteria used to determine eligibility in the first two rounds of stimulus payments sometimes resulted in both parents receiving payments for the same child, or receiving a stimulus payment along with additional tax credits for that child. The eligibility criteria surrounding the third stimulus payment has changed yet again, but it still affects those dealing with child custody and support agreements. To learn how read, “Child support and the third stimulus check: Let us clear up the confusion.”

Divorce-and-virus-400-04972504d-300x189

If you filed for divorce immediately prior to or during this time of COVID-19, chances are good that your case is experiencing delays. The restrictions imposed to help stop the spread of this virus have caused the closure of a number of businesses, government agencies and many courts to all but emergency cases. Not only may these restrictions be causing a delay in the final judgement on your divorce, but they are impacting a number of related issues including financial settlements, spousal and child support requests and child custody matters.

The impact COVID-19 is having on divorces and related issues is discussed in more detail in the Forbes article, “6 Ways The Coronavirus Can Infect Your Divorce – And Simple Steps To Protect Yourself.”

spousal-support-400-04593246d-300x200Spousal support, or alimony, is intended to make sure one spouse – usually the non-working or lower-earning spouse – is not unfairly impacted financially as a result of divorce. Although it is an important part of the divorce terms, spousal support generally is not decided until late in the divorce proceedings after other matters, such as the distribution of property and assets, have been settled. How much support is awarded, if any, and the terms of payment are determined according to the specific divorce laws of each state.

Spousal support is one of the conditions of divorce that can be modified after the court ruling if circumstances warrant, and can even be terminated early under certain conditions. For a better understanding of the unique considerations that influence spousal support, read “Determining And Collecting Spousal Support in Divorce.”

child-support-400-08812515d-300x200Divorce may end your relationship with your spouse, but it does not end your role as a parent, and with that role comes the obligation to support your children in all ways — physically, emotionally and financially.

Depending on the type of custodial agreement you and your ex agree on — or the court deems to be in best interest of your children — one of you may be ordered to make child support payments. Quite often it is the father who is responsible for child support, although in today’s age of two-income families, mothers can easily find themselves in this situation, too. That being said, both parents could benefit from reading “What Dads Need to Know About Child Support” to better understand the process.

atty-meeting-prep-400-04880101d-201x300For many people, the decision to divorce comes after months or even years of assessing their situation and giving careful consideration to all other options. But, no matter how long you have lived with the possibility of divorce, taking that first step to end your marriage is very emotional. Emotions can easily cloud your judgment and prevent you from thinking clearly so, before you meet with your divorce attorney for the very first time, it pays to be prepared.

In order for a divorce attorney to successfully defend your rights in a divorce, he or she must be aware of the facts relating to your situation and have a clear understanding of the marital assets and debts involved. Providing your attorney access to this information from the start can help you avoid delays in your divorce proceedings. For an idea of what kind of documentation would be helpful, read “What To Bring To Your First Appointment.”

 

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