May 21, 2020

HOW DOES THE COVID-19 PANDEMIC EFFECT MY PARENTING TIME IN NEW JERSEY

Must I give my children to their other parent for parenting time during this Pandemic?

Sharing parenting time can be challenging in ordinary times, but these are certainly unprecedented times, especially now, with the State of Emergency and the Quarantine and Shelter in Place in effect during the COVID-19 Pandemic. Parents who share joint custody and share a parenting time agreement are probably experiencing a difficult time now, as lives are altered by remote work schedules and residential conditions and with our children home from school.

If you are wondering how, if at all, these events may now impact your parenting time, as a general rule, the parenting time arrangement should remain the same and uninterrupted. However, each case is fact sensitive. If, for example, you or your child’s other parent are having difficulties, or one party is attempting to utilize the COVID-19 Pandemic to their advantage and is trying to use the pandemic to unreasonably deny and/or limit any parenting time- what should you do?

May 21, 2020

Do you need help to probate a will or to administer an estate in New Jersey?

by Mark Goldstein, Esq.

My Spouse or Loved one has recently died. What do I need to know?

First and foremost, you should locate their Will. The Will identifies the Executor or another individual who will be responsible for making the funeral arrangements. After that, the Executor should contact an Estate Attorney to probate the Will and begin the Estate Administration process.

If there is no Will, the next-of-kin determines the funeral arrangement. This is usually the spouse or a child. If the deceased never married or had children, next-of-kin could be a parent or sibling. The closest living relative should then contact an Estate Attorney to qualify as Administrator and begin the Estate Administration process.

What Steps should I take to Assist the Estate Attorney?

At the outset of every estate, your Estate Attorney will need to see the Original Death Certificate and Original Will, including any Codicils thereto. Your Attorney will also need a list of all immediate relatives, including the deceased’s spouse, children, parents, and siblings. Finally, the Estate Attorney will need a list of all assets and debts in the deceased’s name or in which they have an interest. Assets include real property, bank accounts, life insurance, stocks, bonds, etc. Debts include funeral expenses, unpaid final medical expenses, mortgages, auto and other loans, and credit cards, etc.

Where do I gather Information about Assets and Debts?

Gathering information about the estate is a bit like detective work. Unless you were familiar with their finances, it is going to take some investigation. The first place you should look is in the deceased’s personal papers, i.e. their desk, filing cabinet, safe, etc. If you have access to their email, that can also be a valuable tool. We are looking for recent financial statements, life insurance policies, credit card statements – anything having to do with their finances. You should also go to the nearest Post Office and forward their mail to your address. As Executor or Administrator, you may open their mail.

Once your Estate Attorney has information about the location of accounts, we will reach out to the various institutions to request additional information, including a list of all accounts, the value or balance due, forms, etc.

My Spouse or Loved one had a Car. What should I do?

Do NOT drive the car under any circumstances. If you are involved in an automobile accident, the Estate could become a Defendant in a costly lawsuit, even if you are not at fault. This is to be avoided.

If the car is financed or leased, call the lender or leasing company to return the vehicle. If the car is owned outright, the primary method of disposing a motor vehicle is by selling it to a willing Buyer at fair market value. If the car is of little value, it may be permissible to donate it to charity or simply junk it in exchange for removal.

If there is a specific provision in the Will, the car may be transferred to the named Heir by signing title over to them.

May 21, 2020

Can My Ex Move My Child Out of New Jersey?

by Mark Goldstein, Esq.

My former spouse took a job in another state and wants to move our child there. Can I stop this from occurring?

Typically, a New Jersey child custody order provides for regularly scheduled parenting time with each parent. Relocating a child to another state can significantly interfere with this schedule. Because of this, a custodial parent, or parent of primary residence (“PPR”), is prohibited from removing a couple’s children to another state without following the steps required by New Jersey law. A parent who fails to follow the steps enumerated in the law may be prosecuted for unlawful interference with parenting time.

Typically, a non-custodial parent, or parent of alternate residence (“PAR”), must consent to an interstate move prior to a child’s removal from New Jersey. In order to prevent future disputes, it is a good idea to ensure any such agreement is made in writing. If the PAR does not provide his or her consent, a court order must be obtained before a child may be removed from the state. In situations when a custodial parent is fleeing from an immediate risk of harm by a child’s other parent or the child’s welfare is presently at risk, a PPR must report his or her child’s emergency removal to the appropriate authorities within 24 hours.

October 15, 2015

Common Questions About Filing For Divorce in New Jersey

by Mark Goldstein, Esq.

How long do I have to have lived in New Jersey before I can file for divorce here?

Except in cases alleging that the spouse against whom the divorce is sought committed adultery, at least one spouse must have resided in New Jersey for one year. It can be either spouse; it does not necessarily have to be the spouse who is seeking the divorce.

October 11, 2015

FAQs Concerning Child Support in New Jersey

by Mark Goldstein, Esq.

How are child support payments calculated in New Jersey?

The State of New Jersey has established child support guidelines that are used in determining the amount of financial support that a parent should contribute to the care of his or her child. An “income-share” formula, which takes into consideration the income of both the custodial parent (now known as th4e PPR or, Parent of Primary Residence) and non-custodial parent (now known as the PAR or, Parent of Alternate Residence), is used to calculate the exact amount due. The guidelines also take certain expenses into account, including health insurance costs for the child or children, and child care. In some cases, the parents may agree on the amount due under the guidelines. If this is not possible, the family court will make the decision.

Is it possible to deviate from the amount that the Child Support Guidelines say is owed?

Yes, but the family court must make a specific finding, in writing, for a deviation. In such a case, the court may disregard the guidelines or make an adjustment that reflects the children’s needs and the parents’ circumstances.

October 10, 2015

Domestic Violence and the Destruction of Marital Property in New Jersey

by Mark Goldstein, Esq.

Do I have any recourse if my spouse destroys our jointly owned property in a violent fight?

When an unmarried New Jersey resident destroys property that belongs to another individual, he or she may be committing criminal mischief under the New Jersey Prevention of Domestic Violence Act (“PDVA”). Despite this, married spouses in the state are generally deemed to own all marital property jointly. This means a spouse who destroys marital property is also ruining his or her own property. Until recently, it was unclear whether such an act could be considered domestic violence under New Jersey law.

October 9, 2015

Alimony and Income Taxes for New Jersey Residents

by Mark Goldstein, Esq.

Do I have to pay income tax on my spousal support payments?

In New Jersey and elsewhere, alimony is the transfer of money to a former or soon to be former spouse for his or her support and maintenance. This transfer typically results in a reduction in the taxable income for the payer and an increase for the payee. For alimony to be deducted from a paying spouse’s gross income, eight factors must be met. First, all spousal support payments must be made pursuant to a written decree that cannot state the payments do not qualify as alimony for tax purposes. In addition, the divorcing or former spouses may not reside together at the time the payments are made or file a joint income tax return. All alimony payments must be made to, or on behalf of, a former spouse in cash or using a cash equivalent and may not be referred to or deemed child support by a court. Finally, the spousal support obligation may not survive the payee’s death.

September 20, 2015

New Jersey Family Part Judges Required to Determine Best Interests of a Child Based on State Law in Special Immigration Status Cases

by Mark Goldstein, Esq.

How can a permanent resident who illegally brought his or her child to New Jersey in order to escape abuse gain legal custody and ensure the child is allowed to remain in the United States?

In August, the Supreme Court of New Jersey ruled that Family Part judges may not grant “special immigrant juvenile” status to immigrant children who are residing in New Jersey illegally. According to the high court, Family Part judges are permitted to make determinations regarding the best interests of such children and ascertain whether a child who applies for special immigration status would be placed at risk for neglect, abuse, or abandonment if returned to his or her home country. After that, the Supreme Court stated the U.S. Customs and Immigration Service (“USCIS”) must make the final determination regarding a child’s immigration status.

September 18, 2015

Setting Aside a New Jersey Divorce Due to Fraud

by Mark Goldstein, Esq.

I learned that my former spouse kept a hidden bank account throughout our marriage after our divorce was finalized. Am I entitled to half of the money in the account?

In New Jersey, divorcing spouses are legally protected from fraudulent divorce settlements that result when one spouse endeavors to hide or otherwise fails to disclose important information regarding marital assets. From the date of a couple’s marriage, each spouse owes the other a fiduciary duty. This means each spouse is obligated to act in the best interests of the other party. In the context of a New Jersey marriage, a fiduciary duty exists until a couple’s assets are equitably distributed following dissolution. A divorcing individual who violates this duty may be required to pay his or her former spouse’s legal bills and forfeit the entire value of the hidden or otherwise undisclosed asset. The allegedly deceitful party may also be subject to additional scrutiny by the family court.

September 10, 2015

New Jersey Supreme Court Rules Open Durational Alimony Awards Must be Based on Statutory Factors

by Mark Goldstein, Esq.

Will my spouse be entitled to permanent alimony if we divorce after 15 years of marriage?

Since September 2014, the term “permanent alimony” became a thing of the past. Now, in New Jersey, it has been replaced with the phrase “open durational alimony.” Currently, a family court must first determine whether open durational alimony is merited before considering other types of spousal support, such as limited duration or rehabilitative alimony. Although there is no bright-line rule regarding what constitutes a long-term marriage, the September 2014 amendments to New Jersey law now state a spousal support award may not exceed the length of a couple’s marriage if the union lasted less than 20 years, except in certain exceptional cases.

New Jersey Divorce Lawyers Blog

Must I give my children to their other parent for parenting time during this Pandemic?