As some readers may know, our Social Security system permits a divorced person (once eligible for benefits in the normal course of events) to receive the greater of (a) the amount he/she would be entitled to in their own name or (b) 50% of their ex-spouse’ benefit provided that the parties had been married for at… Continue Reading
It is a common misconception that children automatically emancipate upon reaching the age of eighteen in New Jersey. In reality, there is no specific age when a child emancipates and child support payments terminate. In fact, New Jersey law is clear that such findings are always fact-sensitive based on the circumstances of each case.
In the world of family law, overnight parenting time during the school week is often a difficult issue to resolve, as recently demonstrated in the case of M.C. v. P.C., which was decided by the Hon. Lawrence Jones, J.S.C. on November 28, 2016.
If your case does not settle at Early Settlement Panel, you are required to attend a mediation session with a mediator, either from the approved list of mediators or any other mediator. If you choose a mediator from the approved list, the first two hours are free. The first hour is used by the mediator… Continue Reading
Two Department of Defense appropriations bills before the House and Senate will, if enacted, rewrite the law governing division of military pensions upon divorce by revoking the power granted to states to divide military pensions and cutting back the share which a former spouse will receive. For example, assume that John Doe retires as a… Continue Reading
Stark & Stark Shareholder Maria P. Imbalzano and Associate Corrine E. Cooke will be presenting three upcoming seminars entitled Understanding the Difference between a Collaborative Divorce & a Litigated Divorce. Each seminar will be held on a different time and day but the content will be identical. The seminar will examine the aspects of collaborative… Continue Reading
Due to the inordinate time, expense, and lack of judicial resources available for divorce cases, the New Jersey Courts have implemented settlement alternatives to court proceedings. One of these is the Early Settlement Program (ESP) which helps parties in a divorce reach a settlement in advance of a distant court date. Represented by attorneys, the… Continue Reading
The Social Security system permits a divorced person who is eligible for social security benefits to receive the greater of (a) a calculation based on 100% of his/her earned benefit amount, or (b) provided the parties were married for at least ten years, the claimant has not remarried, and the spouse is at least 62… Continue Reading
New Jersey’s recently enacted alimony statute deals with modification of alimony in the event the payor loses his/her job through no fault of their own. Even though this law allows a payor to seek modification once the payor has been without employment for 90 days, there is not an automatic termination or reduction. The Court… Continue Reading
Many times the marital home is one of the biggest assets in a divorce case. While there are only three options in how to deal with the marital home, each option raises questions. Option 1: One of the parties buys out the other party’s interest in said home. Some of the questions that must be… Continue Reading