•    Public vs. Private School Enrollment
•    Legal Custody in the Context of Educational Decisions
•    Child Support and Child Care Expenses
•    Back to School Clothing and Supplies – Is this child support?
•    Parental rights to contact children’s teachers and administrators

If you have any additional questions, or set up a consultation with one of our attorneys, please call us at 1-888-678-Divorce.

•    College Contribution – Is it really mandatory?
•    Inherited Funds – Subject to Equitable Distribution?
•    Out of State Relocation
•    Unreimbursed Medical Expenses


If you have any additional questions, feel free to contact the Stark & Stark Divorce Group at 1-877-678-Divorce.

Legal Lines - Episode 6 from Stark & Stark on Vimeo.

• First, the parents mus t be divorced or legally separated under a written agreement or lived apart continuously for the last six months of the year;
• Second, the child has received more than half his or her support from the non-custodial parent for the year;
• Third,  the child has been in the custody of either or both parents for the greater part of the year; and
• Fourth, the custodial parent releases the claim to the dependency exemption to the non-custodial parent in writing (IRS Form 8332) which must be attached to the non-custodial parent's tax return.

In many divorce cases, a non-custodial parent's right to claim the exemption is established by court order or written Marital Settlement Agreement. In divorce negotiations, this right may be a bargaining chip since the exemption is worth more to the higher income parent. Assuming the non-custodial parent receives the exemption, the next question is whether it should be annually or perennially.  It is not advisable for the custodial parent to waive the exemption for more than one year at a time and agreeing to do so each year should be tied to a provision in the Agreement or Order requiring the non-custodial parent to be current in child support for the year in question.

Since no two cases are alike, a parent going through divorce should always consult with knowledgeable matrimonial counsel to determine what is in their best interests in terms of settlement or trial.

• Work Related Child Care Expenses
• Summer Camp Enrollment and Expense Allocation
• Vacation Parenting Time Requests
• Child Support Reductions During Summer Months

If you have any additional questions, feel free to contact the Stark & Stark Divorce Group at 1-877-678-Divorce.

Legal Lines - Episode 5 from Stark & Stark on Vimeo.

Currently, our family court system is over-burdened.  There are not enough judges to hear the thousands of new cases that are filed in our State every year.  Therefore, in order to move your case along, you may wish to consider alternatives to the litigation process, or avenues you can access to supplement the process, thereby making the system work better for you.
   

Mediation.  Mediation is a process in which two parties (with or without lawyers) meet with a third party, the facilitator or mediator, to help resolve disputes.  This meeting takes place in an informal setting, where those involved frame the issues and discuss alternatives for settlement, all with the help of the mediator.  The issues are discussed, one by one, until an agreement is reached.  The mediator does not determine the outcome; the parties do.  When all issues are resolved, the mediator drafts a Memorandum of Understanding which the parties take to their attorneys for review.  The intent of the process is to reach agreements that will be placed into a formal Interspousal Agreement signed by both parties.   
   

Arbitration.   Different from mediation, arbitration is similar to a trial; however, it is a less formal process that takes place before an arbitrator, not a judge, in a conference room as opposed to a courtroom.  Many times the arbitrator chosen by the parties is a retired judge or attorney who has expertise in the area of family law.  The arbitrator listens to the testimony of each party and their witnesses through the questioning of the attorneys.  Documentation is also presented  to bolster each party’s position.  Once each side has presented their case, the arbitrator makes a decision.  While similar to a trial, the key differences are: (1) the process is less formal and more flexible; (2) the parties choose the arbitrator, whereas you cannot choose your judge; (3) the parties, along with the arbitrator and attorneys set the schedule, so that you’re not beholden to the limited time schedule of the court; and (4) a decision will be made promptly.   
   

Collaborative Divorce.   This is a fairly new approach to divorce, wherein, the parties and their attorneys sign a Participation Agreement committing to resolve all divorce issues through negotiation and not litigation.  The attorneys assist their clients in resolving conflicts through cooperative techniques rather than adversarial strategies.  This is accomplished through a series of conferences in which the parties work together toward a negotiated settlement.  In the event the process is not successful, the attorneys must withdraw from the representation of their respective clients, and the parties must hire new counsel before proceeding with litigation.

Four-Way Conferences.  While the above methods are less formal than trial, an even more informal method for resolving differences is the four way conference.  This generally takes place during the litigation process, but before you are too deeply into case.  The parties and their
attorneys meet to discuss the outstanding issues in the case with a view towards solving, or at least narrowing, the issues before going to court.   

All issues in a divorce case can be resolved by using any of the above methods; however, both parties must agree to engage in any one of these forms of alternate dispute resolution before proceeding in this manner.

• Emancipation Differences In New Jersey And Pennsylvania
• College Contribution Obligation Of Divorced Parents
• Underemployment and Imputed Income
• Payment of Child Support Arrearages
• Setting Up A Child Support Probation Account

If you have any additional questions, feel free to contact the Stark & Stark Divorce Group at 1-877-678-Divorce.
 

Legal Lines - Episode 4 from Stark & Stark on Vimeo.

• Alimony – Discussion of tax-related issues
• Emancipation of children
• True effect of marital fault in a NJ divorce proceeding
• Inherited funds – Subject to distribution?

If you have any additional questions, feel free to contact the Stark & Stark Divorce Group at 1-877-678-Divorce.

Legal Lines - Episode 3 from Stark & Stark on Vimeo.

The episode covers topics such as:

• Physical Custody vs. Legal Custody
• Parent of Primary Residence Classification
• Children’s preferences in the final custody allocation
• Realistic expectations for a custody litigation
• Shared Parenting Plans

If you have any additional questions, feel free to contact the Stark & Stark Divorce Group at 1-877-678-Divorce.

Legal Lines - Episode 2 from Stark & Stark on Vimeo.

By way of background, J.S. sought protection under the Domestic Violence Act when she began "seeing another man" to which J.F. responded by sending her harassing and threatening text messages. The case serves as fair warning that the commonly-held definition of "dating" is being expanded to satisfy the presumed legislative intent of the Act. As we lawyers like to say, "please be guided accordingly". As others might put it, "buyer beware".

• Job Loss
• Change of Circumstance
• Child Support Modification
• Alimony Recalculation
• Tips regarding improving your credit score for a favorable refinance

If you have any additional questions, feel free to contact the Stark & Stark Divorce Group at 1-877-678-Divorce.
 

Untitled from Stark & Stark on Vimeo.

At the time of a divorce, alimony and child support are based on the parties' incomes.  If there is a substantial change in circumstance after the initial support is set, such as the loss of employment due to no fault of your own (i.e., layoffs, plant and store closings, corporate bankruptcies), you may wish to file an application with the court, called a motion, to decrease your support obligations.
 

In any modification case, the burden of proof to establish a substantial change in circumstance is on the party seeking change.  It is not prudent to run into court on the heels of losing your job without having taken the steps necessary to prove your case.  A court must not only weigh the payor spouse's circumstances in deciding when, if, how much and for how long support obligations should be modified, it must also take into consideration the effect any modification will have on the payee spouse, including the children.
 

In seeking modification, the payor spouse must file a certification with the court setting forth the facts which would convince a court to modify support.  You must attach  proof to that certification which captures the time and effort you put into finding another job.  Copies of letters and resumes sent by email or snail mail to companies looking for employees is a start.  Most job seekers these days will post their resume on employment websites such as monster.com or careerbuilder.com, but this does not quantify the effort made.  Keeping a log of prospective employers who contact you with the date and synopsis of the conversation or copy of email responses is better proof.  Copies of rejection letters, if an employer bothers to send one, are also helpful.  The log should include dates and outcomes of interviews, any employment offers made, and reasons why an offer was not accepted.  Any hard evidence that would support the log is a must.
 

In addition, the supporting spouse should certify as to efforts made in reviewing local newspapers and trade or industry journals for employment opportunities.  Obtaining a headhunter and documenting all job leads, interviews and rejections is also suggested.  Many times the prior employer will offer laid off employees time with a counseling or other firm as part of their severance package.  All of this information must be pooled together, with supporting proof and made part of any certification accompanying a motion for modification.
 

In searching for employment, it may no longer be acceptable to apply for jobs only in your residential area, or only in your specific field.  If expanding your job search in these ways bears no fruit, then accepting a decrease in pay may be the only option available if you have been in the market for a period of time with no results.
 

If a party does accept a job with lesser pay after a diligent search, it will be much easier to deal with a motion for modification of support.  If the proofs are there as to the efforts made for a comparable job to your prior employment, and you have not been able to obtain comparable employment given the state of that industry, then the court will rely on the lesser income in modifying support, absent evidence undermining the payor spouse's proofs.
 

If, on the other hand, you have not made a zealous effort and have just accepted a job making lesser pay without proving your effort, then a court may not modify your support payments.
 

The New Jersey Appellate Division set forth factors which the trial court should  consider in a case dealing with a career change and lesser income.  These factors include: the reasons for the career change (both the reasons for leaving the prior job and the reasons for choosing the new job); disparity between prior and present earnings; efforts to find work at comparable pay; the extent to which the new career draws or builds upon education, skills and experience; the availability of work; the extent to which the new career offers opportunities for enhanced earnings in the future; age and health; and the former spouse's need for support.
 

As one can glean from the above suggestions, a motion to modify support based on job loss should not be filed quickly, even though you may want and need fast relief.  While courts are now considering motions to modify support based on job loss much more quickly than they have in the past, you must still present a compelling case.

But what happens if an asset is no longer in existence or spent down by the time a Divorce Complaint is filed as a result of one spouse’s spending?
 

A Court can determine whether a spouse has dissipated marital assets and therefore should have the obligation to pay that money back.  However, a careful analysis must be conducted.
 If the spending has been used to pay marital debt or to fund vacations or for some other marital purpose, the Court will not find that dissipation has occurred.  On the other hand, if a spouse sends money to his or her family over the objection of the other spouse, or if a spouse spends money frivolously for his or her own purposes while contemplating a divorce, a court may find that dissipation has occurred.
 

The following factors should be considered when deciding the issue of dissipation:
(1) the proximity of the expenditure to the parties’ separation, (2) whether the expenditure was typical of expenditures made by the parties prior to the breakdown of the marriage, (3) whether the expenditure benefitted the "joint" marital enterprise or was for the benefit of one spouse to the exclusion of the other, and (4) the need for, and amount of, the expenditure.
 

While not an easy thing to prove, dissipation of marital assets is an issue to be raised in some divorce cases.

• Social Security Number
• Drivers License Number
• Vehicle Plate Number
• Insurance Policy Number
• Active Financial Account Number
• Active Credit Card Number

You can however refer to an account by last 4 digits if necessary to distinguish from another account. What this means: Get out your black sharpie and mark up those docs before submitting them to the Court.

Pursuant to Rule 5:5-2 of the New Jersey Court Rules, a Case Information Statement must be filed by each party within twenty days after the filing of an Answer or an Appearance.  In addition, a CIS must be filed in all family actions which in there is an issue as to custody, support, alimony, or equitable distribution.  This includes pendente lite and post-judgment motions.
 

All too often, attorneys and litigants do not spend the time and effort necessary to prepare an accurate CIS.  Some do not take the time to fill out the marital budget, which is a necessary to determine the marital lifestyle in alimony cases.  In such a case, the Court may draw inaccurate conclusions and thereby make an unfavorable award.  When it comes to Case Information Statements, it is prudent to include as much information as possible for the Court to utilize in making a determination.
         

Another common mistake with Case Information Statements occurs when the monthly budgets are grossly inflated.  Especially in cases where alimony is an issue, because alimony is based on the parties’ incomes and their expenses.  Thus, the party seeking alimony may be tempted to inflate their monthly budget with the expectation of receiving an increased alimony award.  However, an unrealistic monthly budget will damage the party’s credibility with the Court, which may also lead to an unfavorable result.
 

In a recent Appellate Division Case, the Court emphasized just how important it is for the Court to have a clear picture of the parties’ financial circumstances.  In Lombardo v. Lombardo, the Husband filed a post-judgment motion to reduce and/or eliminate his alimony and child support obligations, and the Trial Court held a plenary hearing to determine whether a substantial change in circumstances had occurred since the parties’ divorce.  The Husband demonstrated that he was diagnosed with muscular dystrophy following the divorce, and as a result if his disability, his income substantially declined from the income he was earning at the time of the divorce.  However, during the plenary hearing, the Husband failed to testify regarding his expenses and assets, and did not enter his Case Information Statement into evidence.  The Court did not have information regarding his expenses, debts, and assets. 
   

Following the plenary hearing, the Trial Court denied the Husband’s application for a reduction in alimony, and the Appellate Division affirmed.  Although the Husband successfully demonstrated a reduction in his own income, he failed to demonstrate a reduction in his ability to pay because of the missing financial information, which was contained in his Case Information Statement.  Had the Husband presented testimony about his financial situation, or simply entered his completed CIS into evidence, the result of the plenary hearing may have been much different.

If you or your spouse have been railroad employees and thus may be eligible for a RRA annuity, it is strongly recommended that you speak to a legal professional to ensure that these unique benefits are properly accounted for and distributed incident to a divorce.

In Houseman v. Dare, the court gave each party five weeks of time with Dexter and alternating holidays, with the party having physical custody responsible for Dexter's veterinary bills including cremation expenses in the event of his death. The court hoped that in such unfortunate circumstances the responsible party would agree to share his ashes.
 

The decision follows up an New Jersey appeals court ruling that pets, unlike furniture, household goods and other types of personal property, have a subjective value that transcends monetary factors. At the same time, it should be noted that the court declined to apply a "best interests of the pet" standard as would apply to child custody cases
 

I have at times  handled so-called "pet custody" as part of a divorce, although the court in Houseman declined to use the word "custody", opting instead for "possession".  Regardless of the language, there is no doubt that pets are often considered  "members of the family" instead of mere objects and that courts are starting to acknowledge their unique and special status.

What's the reason?  One theory is that more folks are opting to live together rather than get married, thus reducing the number or divorce filings.  One the other hand, some opine that the availability of " no fault"divorce is a major contributor to the breakdown of marriage and  increase in divorce rates. Others say that the cost of divorce is too expensive yet increasing numbers of persons are electing mediation or arbitration as alternatives to divorce litigation and even the cost of litigation can be properly managed if a divorce attorney has an associate to assume appropriate responsibilities at a lesser billing rate during the process.

Putting the cold data aside, my experience is that unhappy spouses either need to find their way to a happier place through counseling (assuming both participate in good faith)  or acknowledge that their relationship is unworkable  and harmful to their children.  In the latter case, a person's retention of experienced divorce counsel is essential to maximize a fair and cost-effective outcome depending on the complexity of issues and willingness of the other party to be part of the solution.