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Marlton Family Law Blog

What are my options if I am not receiving my alimony?

As previous posts on this blog have discussed, New Jersey law allows spouses who are separating to seek an award of alimony from the other spouse.

These payments are often very important to the livelihood of the person receiving them. Among other things, alimony can be a court's way of balancing out inequalities with respect to who is getting what property or with respect to what each spouse earns.

What should I bring to a divorce mediation?

Especially for those who have no experience with it, divorce mediation or child custody mediation outside the context of divorce can be a daunting prospect. In light of that, some people may wonder what exactly they should bring to their mediation and how they should prepare for it.

The best advice on these points is to speak with one's attorney and follow his or her advice. Prior to a mediation, one's attorney should be able to have some idea as to how the mediation will proceed in light of the specific facts of one's case. How the mediation will go will affect how a New Jersey parent should prepare for it and what the parent should bring. Still, there are some general pointers one can keep in mind when getting ready for a mediation.

What is sentimental value?

When in the midst of the property division that takes place after one files a New Jersey divorce, including a bed and board divorce, the couple must take the important but often difficult and contentious step of putting a value on their marital property.

They must do so because the court will expect the parties to divide their property in a fair manner that benefits them both roughly equally. While the division does not have to be perfectly 50-50 and usually won't be, the judge will divide the property based on objective value, that is, in terms of the market value of the property.

3 essential rules for social media use during divorce

Most people have opinions about social media one way or the other. Perhaps you are a devoted user who enjoys sharing daily updates with followers, or maybe you are opposed to social media and feel that it facilitates oversharing. Regardless of which side you fall on, if you have any social media accounts, you should be careful about how you use them when you are in the process of getting a divorce. 

According to SproutSocial, the average internet user has about seven social media accounts. Social media can easily be a detrimental factor to your divorce if you do not keep your usage in check. You can prevent it from impacting your divorce case, though, by taking the following tips: 

How can I get my parenting time enforced?

Although it is generally speaking better when New Jersey parents who are living apart are able to get along, in many cases, they simply are not able to do so.

This is not always a mutual thing. Sometimes, because he or she simply does not care for the other parent, feels hurt by the divorce, or wants to hold power over him or her, the parent who has the children most the time will press that advantage and deprive the other parent court-ordered or even agreed upon visits.

Representation in high income child support disputes

A previous post on this blog from several months ago talked about how New Jersey law handles situations in which one or both parents make so much money that New Jersey's Child Support Guidelines do not account for the full extent of their income. The basic idea of that post was that child support orders in such cases were more fluid and subject to a court's discretion.

The upshot was that parents may have to be better prepared to argue their positions regarding child support to a judge instead of relying on a state-prescribed formula.

Baseball star locked in child support dispute

Baseball fans in New Jersey are probably familiar with Miguel Cabrera, who is a Major League first baseman. Some may have even heard that he is now in a battle off the field with a former girlfriend. Although Cabrera is married and has three children with his wife, he also has two children with the former girlfriend.

Reportedly, Cabrera had been paying the woman informally. He had also provided other gifts and the like for the woman and their children, including expensive vacations and a very nice home in another state. However, the woman is now suing Cabrera for a child support order of $100,000 a month, alleging that Cabrera's children with her should enjoy the same standard of living as Cabrera's children he has had in his marriage.

Considering the tax implications of high asset property division

In a high asset divorce in New Jersey, which can include a divorce from bed and board, one of the most important considerations a Marlton resident must take in to account are the tax implications of the divorce and, specifically, the ensuing division of property.

While this blog has touched on the tax consequences of divorce-related topics like alimony and child support, taxes are also important to consider when it comes to dividing property.

How text messages affect divorce proceedings

Although many assume their text messages are private, that is no longer the case when it comes to divorce court. An increasing number of cases involve one or both spouses' text messages coming up as evidence. 

New Jersey is one of the states in the country that considers adultery as an acceptable reason for divorce. As a reason, some spouses filing for divorce will want to obtain the partner's text messages to prove adultery took place. A judge may bring this into consideration to determine how much alimony to award the other spouse. However, there are other ways texts can come into play. 

Parenting plans in New Jersey

Even when both parents who are going through a divorce or are no longer living together are going to be able to agree on custody and even the basics of who is going to have what time with the child, there still can be a lot of work to do before the parents will truly have an agreement they both can live with in the long term.

For instance, the courts of New Jersey typically require that the parents submit a parenting plan to the court that will cover in detail how the couple intends to divide their time with their children. The parenting plan also should cover other important items, like what information parents are supposed to share with each other and how they are going to make important decisions about the child's well-being.

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Weinberg, Kaplan & Smith, P.A.
8000 Sagemore Drive, Suite 8202
Marlton, NJ 08053

Toll Free: 866-350-9940
Phone: 856-375-1586
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