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ISSUES CONSIDERED FOR TEMPORARY RELIEF IN NEW JERSEY

Regular Bills and Expenses

Child support, spousal support (alimony), payment of specific bills such as a mortgage or rent, additional housing costs such as insurance and utilities; health insurance, car payments, and school costs are the most common finances accounted for in pendente lite support. These are the regular costs that the parties incurred before the divorce and that should continue while it proceeds.

Divorce-Specific Considerations

In addition to the financial support that can be awarded, certain pending divorce issues can be temporarily decided upon while the divorce is ongoing. The questions of child custody, who gets to stay in the marital home, and who gets to use other assets such as cars, may be handled by the temporary relief process. The court may also prohibit the spouses from selling or otherwise disposing of marital assets during the divorce.

MOTION FOR TEMPORARY RELIEF

There are two ways in which temporary relief can be accomplished. The first method is by the divorcing spouses coming to an agreement. The second is by judicial order. Continue Reading →

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A New Jersey Divorce from Bed and Board, also referred to as a ‘limited divorce’, is a legal process that is similar to the better-known concept of a legal separation. Though there is no such thing has a legal separation in the state of New Jersey, a Divorce from Bed and Board allows a married couple to legally separate themselves from one another financially and live separately without undergoing a full divorce.

What is a Divorce from Bed and Board?

The ‘divorce’ part of the term ‘Divorce from Bed and Board’ is somewhat misleading. A Divorce from Bed and Board is not an absolute ‘divorce’ as we typically think of the term. An absolute divorce is called a ‘Divorce from the Bonds of Matrimony’ in New Jersey. Instead, a Divorce from Bed and Board is a limited form of divorce that is better thought of as a legal status somewhere between married and divorced. The spouses remain technically married and are therefore not free to remarry, but for some financial purposes they are treated as separate. Often, as the name suggests, the couple will live separately.

Why Consider a Divorce from Bed and Board?

There are several reasons a married couple may consider a Divorce from Bed and Board. Religious or moral reasons are very common. Since a Divorce from Bed and Board does not completely sever the marital relationship, it is a better option for those who either cannot or wish to not be fully divorced. The possibility of reconciliation is another popular reason. Continue Reading →

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Many partners divorce with children having come of the marriage. A divorce can be a confusing and emotionally detrimental experience for children, especially when the issue of custody comes into play. Let’s examine five ways you can help your child cope with divorce, and avoid causing them unnecessary harm.

  1. Encourage Regular Communication

It is important to communicate with your child on a regular basis. Take a few minutes out of your day when your child comes home from school to focus specifically on them. Dinner can wait, work can wait. Your priority is making sure your child knows that you are not only approachable, but available in their times of need.

  1. Keep Things Amicable

Few things are more emotionally taxing to a child than being forced to side with one parent over the other. In fact, studies suggest that animosity between parents causes children to suffer the most emotional or psychological damage during a divorce. Stay in regular contact with your ex and meet with them publicly so both of you avoid displaying animosity toward one another in front of your child. The more civil you both are, the less damage you will inflict on your child’s emotional foundation. Continue Reading →

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Health insurance costs are a significant financial obligation for most Americans, but couples going through a divorce tend to feel the financial strain more acutely. Employer-provided health insurance plans only cover family members, such as the employee’s spouse or children. That means that once a couple is divorced, the ex-spouse can no longer be covered under the employee’s family insurance plan, since they are no longer considered family members. Several options exist for either maintaining or obtaining new health insurance coverage; some of them are discussed below.

Obtaining New Health Insurance Coverage After Divorce

After a divorce, an ex-spouse who was covered by the other spouse’s insurance plan will need to obtain his or her own health insurance coverage. Separate health insurance plans are typically more expensive than family plans, so it is important to keep in mind that health insurance costs are likely to rise after divorce and plan for it accordingly throughout the divorce process.

COBRA, the Consolidated Omnibus Budget Reconciliation Act, is a federal program that allows people in certain situations to maintain health insurance coverage once it has been lost. You may be more familiar with COBRA as a health insurance option for people who have lost a job, but it also allows former spouses to keep their insurance coverage after the divorce. COBRA coverage is temporary, usually a maximum of 36 months, and the premiums are often significantly higher than they were under the family plan. Continue Reading →

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New Jersey law requires that parents of children who are divorced or separated from the other parent receive permission before removing a child from the state. The reason for the law is that one parent removing a child from the state often makes it difficult for the other parent to spend time with the child. The state is charged with making decisions in the best interest of the child, and it finds that parenting time with both parents in usually in the child’s best interest.

Non-Custodial Parent Consents

New Jersey law depends on whether the parent wishing to move the child is the custodial or non-custodial parent. A non-custodial parent may move out of the state, without the child, without permission. The custodial parent, however, must obtain permission to move. If the other parent consents to the move, the child can be removed from the state without going through a legal proceeding, though it can be helpful to have written permission signed by each parent.

Court Order Required

If, on the other hand, the other parent does not give permission for the child to move out of state, the parent requesting to move will need to go to the court for permission. In order to obtain a court order permitting a child to leave New Jersey, the custodial parent must show a good faith reason for the move and show that the move will not be against the best interest of the child. Continue Reading →

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There are different “filing status” options for a person filing a tax return. The options include: single, married filing jointly, married filing separately, head of household, or qualifying widow. In order to file a tax return as a married person, you must have been married on the last day of the tax year (December 31st). Divorce cases often last several months or sometimes years before the divorce is final, during which time the parties are still married. Therefore, a couple in the middle of a divorce may choose to file a joint tax return.

 

Filing a joint tax return often (though not always) saves a couple money on the amount of taxes that they owe. The downsides of filing a joint tax return are that it requires both spouses to agree to it and that each spouse will be jointly and severally liable for the taxes. Joint and several liability means that either party can be held liable for the entire tax burden should the other party fail to pay. The IRS offers some protection against this, for the “innocent spouse.”

 

Agreeing To File Jointly

Usually both parties must agree in order to file a joint return. In New Jersey, however, one spouse may be forced to file a joint tax return. In Bursztyn v. Bursztyn, the court set forth five factors to examine to determine whether it can compel a party to file a joint tax return. First, the court will see whether there is a financial benefit to filing a joint return. Next, it will look to see if there is evidence of previous fraudulent tax return. Next, it will consider whether the person wishing not to file a joint return earned income during the marriage and ascertain the reason why he or she does not wish to file a joint return. Finally, the court will determine whether there are enough assets to permit the couple to cover the cost of filing separately. Continue Reading →

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What Government Agency enforces a NJ child support order?

The New Jersey Probation Division is tasked with enforcing New Jersey child support orders.

What happens if NJ child support is paid through the New Jersey Probation Department and the obligor fails to pay?

If the obligor fails to make scheduled child support payments, an enforcement hearing may be scheduled to deal with the issue. At the hearing the parents will typically present evidence of their financial situation. The obligor is required to attend the hearing, and if he or she fails to do so, a bench warrant may be issues for his or her arrest. If an arrest warrant is issued, the obligor’s driver’s license may be suspended as well.

Who conducts an enforcement hearing and what is the process?

At the hearing the case will be heard either by a Hearing Officer or a judge. Hearing Officers can make recommendations, but if either party objects to the recommendation a judge will hear the case instead. If neither party objects to the Hearing Officer’s recommendation, a judge will simply review the recommendation and if satisfied, will sign off on it, making the recommendation an enforceable order. Continue Reading →

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How is cohabitation defined under the amended alimony statute in NJ?

The amended alimony statute which was signed into law on September 10, 2015 defines cohabitation as a “mutually supportive intimate personal relationship” whereas the parties have taken on “duties and privileges that are commonly associated with marriage.”

Does a person have to maintain a single household with their paramour in order for a court to find cohabitation in NJ?

The amended alimony statute states that two people do not have to maintain a single common household in order for a court to find cohabitation.

What happens if a court finds cohabitation in New Jersey?

The amended statute states that alimony may be “suspended or terminated” if a court finds cohabitation. Previously, case law in New Jersey stated that a court had the option to modify as well as terminate alimony upon cohabitation. However, under the amended statute it seems a court in New Jersey only has two options if it finds cohabitation, which are to suspend or terminate alimony. Modification of alimony seems to no longer be an option. Continue Reading →

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What are the different types of alimony in NJ?

There is Open Durational Alimony (replaced permanent alimony in the amended statute and applies to marriages twenty years or more), Rehabilitative Alimony (granted to a litigant for a short term to assist them to become financially self-sufficient through education and training), Limited Duration Alimony (granted to a litigant for a period of time in which it would practically take them to improve their earning ability to a point where Limited Duration Alimony is no longer appropriate), Reimbursement Alimony (granted to a litigant who supported the other litigant achieve his or her education and they expected to benefit from the earning ability produced by that education) and Pendente Lite Alimony (temporary support paid during the of the divorce litigation). Continue Reading →

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Definition of Emancipation of a Child

Emancipation is the legal act of a minor becoming free from the custody and control of a parent or guardian. Likewise, the parent or guardian is free from responsibility toward the child.

Emancipation does not automatically occur when a child has reached 18 years of age, as many people believe. In fact, in New Jersey it typically occurs much later for reasons we will discuss below.

Child Support – When Is it Terminated?

In most instances we use the term ‘emancipated’ when discussing the termination of child support payments. At the outset it’s important to understand that in New Jersey child support payments do not automatically end when a child reaches 18.

How is a Child Emancipated?

Since there is no set age at which a child is automatically emancipated in New Jersey, emancipation can occur in two different ways. The parents divorce settlement agreement can specify when emancipation will occur. If not provided for in the settlement agreement, a court will declare a child emancipated if it determines that the child is outside the ‘sphere of influence’ of the parents. Determining whether a child is outside the ‘sphere of influence’ is fact sensitive, but generally means that the child lives independently, without depending on the parents for support. Continue Reading →

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