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LINKS AND IMPORTANT DOCUMENTS

RESOURCES AND FREQUENTLY ASKED QUESTIONS

DIVORCE:

WHAT IS THE PROCESS AND WHY ARE DIVORCES SO EXPENSIVE IN NEW JERSEY?

The process begins by filing a Complaint in Superior Court. Divorce matters are heard in the Family Part – Chancery Division. Once you file the Complaint, the court will schedule a 1 st Case Management Conference or “CMC.” The general timeline for a CMC is within two weeks of filing though this may vary at each vicinage. At the first CMC, your judge will set deadlines for you to do certain things. If you have children, you will attend Custody and Parenting time mediation. The court will also set deadlines for you and your spouse to serve and respond to each other’s discovery requests. Discovery is critical in a case where one party may not know much about the marital lifestyle and finances. The judge will also set the deadline for you to complete a Case Information Statement or “CIS.” The CIS is the most important document in your case. An experienced family law attorney will make sure it’s completed correctly and paints an accurate picture of the marital lifestyle. The CIS must also be updated if there are any significant changes as the divorce continues. If one party changes jobs or relocates from the marital home, that would be a significant change. The next step in the divorce is to attend the Early Settlement Program or “ESP.” The goal of the ESP is to help divorcing couples reach an agreement on the terms of their divorce. ESP is an alternative to trial. Professional settlement coordinators run the program in each county where a panel issues nonbinding recommendations after reviewing your Case Information Statement and each side’s submissions. If you choose not to accept the ESP panel’s recommendations, you may be ordered to attend mandatory economic mediation. Your judge will also order you to attend an Intensive Settlement Conference. This is considered the last ditch stop to help you and your spouse resolve your case amongst yourselves without a trial. Your trial judge may make recommendations on limited issues and act as mediator. The process may vary slightly depending on your judge. If you are not able to resolve your case with a Marital Settlement Agreement or “MSA” disposing of all issues in your case, your judge will set a trial date. As you can see, the process can be lengthy if you go through each and every step. At Redling Law LLC, the goal is to help you resolve your case as early as possible to keep costs down so you can preserve your resources for a successful post-divorce future. With all of the court’s tools at your disposal to help you reach an agreement well before the trial stage, this is a very realistic goal. Still, sometimes parties cannot reach an agreement and trial becomes necessary. A very small percentage of cases go all the way to trial estimated at 2 percent by New Jersey Courts go to trial. As you can see, many tools have been put in place by the New Jersey court system to help you resolve your case. If you are able to work together with your spouse, you may be able to resolve the case early at the ESP. If not, the process can be a long one as you wait for new court dates to get you to the next stage in the case. The courts may be backlogged which can cause delays. You may be waiting for an ESP date or a mediator to become available. Motions may be filed in the interim if you need to ask the Court to order something of your spouse. The added time in Court can drive up your legal bills if you require the Court’s assistance to resolve a dispute over finances or custody. Whether your case settles amicably within the first few months or is decided with a full-blown divorce trial, Redling Law LLC has the compassion and skill to guide you to a successful conclusion while considering all the resources available to you and what is most important to you so you can keep moving forward toward a brighter future.

CHILD CUSTODY:

WHAT ARE THE FACTORS WHEN SEEKING CHILD CUSTODY?

Universal Citation: NJ.J.S.A.§ 9:2-4 

A. Joint custody of a minor child to both parents, which is comprised of legal custody or physical custody which shall include: (1) provisions for residential arrangements so that a child shall reside either solely with one parent or alternatively with each parent in accordance with the needs of the parents and the child; and (2) provisions for consultation between the parents in making major decisions regarding the child's health, education and general welfare;
 

B. Sole custody to one parent with appropriate parenting time for the noncustodial parent; or
 

C. Any other custody arrangement as the court may determine to be in the best interests of the child.
 

In making an award of custody, the court shall consider but not be limited to the following factors: the parents' ability to agree, communicate and cooperate in matters relating to the child; the parents' willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse; the interaction and relationship of the child with its parents and siblings; the history of domestic violence, if any; the safety of the child and the safety of either parent from physical abuse by the other parent; the preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision; the needs of the child; the stability of the home environment offered; the quality and continuity of the child's education; the fitness of the parents; the geographical proximity of the parents' homes; the extent and quality of the time spent with the child prior to or subsequent to the separation; the parents' employment responsibilities; and the age and number of the children. A parent shall not be deemed unfit unless the parents' conduct has a substantial adverse effect on the child.

The court, for good cause and upon its own motion, may appoint a guardian ad litem or an attorney or both to represent the minor child's interests. The court shall have the authority to award a counsel fee to the guardian ad litem and the attorney and to assess that cost between the parties to the litigation.
 

D. The court shall order any custody arrangement which is agreed to by both parents unless it is contrary to the best interests of the child.
 

E. In any case in which the parents cannot agree to a custody arrangement, the court may require each parent to submit a custody plan which the court shall consider in awarding custody.
 

F. The court shall specifically place on the record the factors which justify any custody arrangement not agreed to by both parents.

WHAT DOES MY CHILD SUPPORT PAYMENT INCLUDE?

Housing - Mortgage principal and interest payments or home equity loans, property taxes, insurance, refinancing charges, repairs, maintenance, rent, parking fees, property management or security fees, expenses for vacation homes, lodging while out of town, utilities, fuels, public services, domestic services, lawn care, gardening, pest control, laundry and dry cleaning (nonclothing), moving and storage, repairs on home, furniture, major appliances, purchase or rental of household equipment of tools, postage, laundry or cleaning supplies, cleaning and toilet tissues, household and lawn products, stationary, all indoor and outdoor furniture, floor coverings, all small appliances and housewares (except personal care appliances), all household textiles (e.g., linens, drapes, slip covers, sewing materials, etc.), and miscellaneous household equipment (e.g., clocks, luggage, light fixtures, computers and software, decorating items, etc.). The net purchase price of a home is not included as expenditures in this category. Food - All food and non-alcoholic beverages purchased for home consumption or purchased away from home (including vending machines, restaurants, tips, school meals and catered affairs). Non-food items (e.g., tissue papers, alcoholic beverages, cigarettes) are not included. Clothing - All children's clothing (including school uniforms), footwear (except special footwear for sports), diapers, repairs or alterations to clothing and footwear, storage, dry cleaning, laundry, watches, and jewelry. Transportation- All costs involved with owning or leasing an automobile including monthly installments toward principal cost, finance charges (interest), lease payments, gas and motor oil, insurance, maintenance and repairs. Also, included are other costs related to transportation such as public transit, parking fees, license and registration fees, towing, tolls, and automobile service 7 included. Transportation also does not include expenses associated with a motor vehicle purchased or leased for the intended primary use of a child subject to the support order. Unreimbursed Health Care Up to and Including $ 250 Per Child Per Year - Unreimbursed health- care expenditures (e.g., medical and dental) up to and including $ 250 per child per year are included in the schedules. Such expenses are considered ordinary and may include items such as non-prescription drugs, co-payments or health care services, equipment or products. The parent's cost of adding a child to health insurance policy is not included in the schedules. Entertainment - Fees, memberships and admissions to sports, recreational, or social events, lessons or instructions, movie rentals, televisions, mobile devices, sound equipment, pets, hobbies, toys, playground equipment, photographic equipment, film processing, video games, and recreational, exercise or sports equipment. Miscellaneous Items - Personal care products and services (e.g., hair, shaving, cosmetics), books and magazines, school supplies, cash contributions, personal insurance, and finance charges (except those for mortgage and vehicle purchases). Note: Tuition for children (i.e., for private, parochial, or trade schools, or other secondary schools, or post-secondary education) are not included in the child support schedules and may be treated as a supplemental expense. Expenses That May Be Added to the Basic Child Support Obligation Because some child-related expenses represent large or variable expenditures or are not incurred by typical intact families, it is not appropriate to include them in the Appendix IX-F basic child support awards. The items listed below are not included in the Appendix IX-F child support awards. If incurred in a particular case, these expenses should be added to the basic support obligation. a. Child-Care Expenses - The average cost of child care, including day camp in lieu of child care, is not factored into in the schedules. The net cost (after tax credits) of work-related child care should be added to the basic obligation if incurred. b. Health Insurance for the Child - The parent's marginal cost of adding a child to a health insurance premium is not included in the support schedules and should be added to the basic obligation if incurred. c. Predictable and Recurring Unreimbursed Health Care Expenses In Excess of $ 250 Per Child Per Year - Unreimbursed health-care expenses for a child in excess of $ 250 per child per year are not included in the schedules. Such expenses should be added to the basic obligation if they are predictable and recurring. Health-care expenses for a child that exceed $ 250 per child per year that are not predictable and recurring should be shared by the parents in proportion to their relative incomes as incurred (i.e., the sharing of these expenses should be addressed in the general language of the order or judgment). Health care costs that are not included in the support award should be paid directly to the parent who made or will make the expenditure or directly to the provider of the health care (also, see N.J.S.A. 2A:34-23b). d. Other Expenses Approved by the Court - These are predictable and recurring expenses for children that may not be incurred by average or intact families such as private elementary or secondary education, special needs of gifted or disabled children, and visitation transportation expenses. The addition of these expenses to the basic obligation must be approved by the court. If incurred, special expenses that are not predictable and recurring should be shared by the parents in proportion to their relative incomes (i.e., the sharing of these expenses should be addressed in the general language of the order or judgment). Special expenses not included in the award should be paid directly to the parent who made or will make the expenditure or to the provider of the goods or services. 10.

WHAT DOES MY CHILD SUPPORT PAYMENT COVER? DOWNLOAD HERE

DOMESTIC VIOLENCE:

ARE THERE ANY RESOURCES AVAILABLE TO DOMESTIC ABUSE VICTIMS?

Please go to https://www.njoag.gov/vcco/vcco-online-application/ Here you can apply for assistance in up to $10k for attorneys' fees and $15k for personal expenses. The website also provides a list of shelters and eligibility requirements. The money can be used to move to a new apartment as opposed to going to a shelter. 
This link can also be used to direct you to rape crisis centers and domestic violence shelters.

ALIMONY:

Alimony

Under the NJ alimony statute for any marriage or civil union less than 20 years in duration, the total duration of alimony shall not, except in exceptional circumstances, exceed the length of the marriage or civil union.  In some cases, the alimony amount may even be adjusted.  Pursuant to N.J.S.A. 2A:34-23, Exceptional circumstances which may require an adjustment to the duration of alimony include:

 

(1) The ages of the parties at the time of the marriage or civil union and at the time of the alimony award;

(2) The degree and duration of the dependency of one party on the other party during the marriage or civil union;

(3) Whether a spouse or partner has a chronic illness or unusual health circumstance;

(4) Whether a spouse or partner has given up a career or a career opportunity or otherwise supported the career of the other spouse or partner;

(5) Whether a spouse or partner has received a disproportionate share of equitable distribution;

(6) The impact of the marriage or civil union on either party's ability to become self-supporting, including but not limited to either party's responsibility as primary caretaker of a child;

(7) Tax considerations of either party;

(8) Any other factors or circumstances that the court deems equitable, relevant and material.

Exceptional circumstances which may require an adjustment to the duration of alimony include:

(1) The ages of the parties at the time of the marriage or civil union and at the time of the alimony award;

(2) The degree and duration of the dependency of one party on the other party during the marriage or civil union;

(3) Whether a spouse or partner has a chronic illness or unusual health circumstance;

(4) Whether a spouse or partner has given up a career or a career opportunity or otherwise supported the career of the other spouse or partner;

(5) Whether a spouse or partner has received a disproportionate share of equitable distribution;

(6) The impact of the marriage or civil union on either party's ability to become self-supporting, including but not limited to either party's responsibility as primary caretaker of a child;

(7) Tax considerations of either party;

(8) Any other factors or circumstances that the court deems equitable, relevant and material.

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