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Middlesex County Divorce Law Blog

Is it possible to receive the child, spousal support you deserve?

When a couple divorces, one spouse may be responsible for providing financial support to the other spouse. In New Jersey, child support or alimony may be awarded to the spouse who makes less money. Child support is designed to help single parents pay for the daily living expenses of raising a child as well as the unique needs of their children, but many parents do not receive the support they are promised.

According to the U.S. Census Bureau, less than half of the parents who are owed support actually receive the full amount. About one-third receive only a portion of the total amount due, and nearly one-quarter do not receive any of the child support they are owed.

Is there anything divorced parents can do to receive that money, or are they simply out of luck?

New Jersey parents in child custody battle

In January 2009, New Jersey officials took away a couple's three young children, and the couple have been fighting the court system for child custody ever since. On November 17, the wife gave birth to a boy, who child care workers also took away following the birth. The names of the children are what drove workers to deny the parents custody.

The couple apparently identifies with Neo-Nazi views, and they gave their children names to that effect. One of their sons who was taken away in 2009 had the name of "Adolf Hitler," and one of the other children had the middle name of "Aryan Nation." They made national headlines at the time after a store refused to put the son's name on a birthday cake.

Fashion firm caught up in high-asset divorce

A fashion designer's $2 billion company was tangled in her divorce, which was put in motion five years ago. With the huge amounts of money and other assets floating around, a high-asset divorce filed in New Jersey can prove to be complicated. And that is certainly the case with designer Tory Burch, whose ex-husband was the chairman of her company even after the divorce.

However, that will soon change. Burch enlisted the help of Barclays Capital to sell off one-third of the company. This share of the company is the part that is owned primarily by her ex-husband. The bank will shop the deal around to prospective investors with a hefty press tag that falls in line with the recent $2 billion valuation of the company.

Kris Humphries seeks annulment to end high-asset marriage

When marriages do not last as long as couples hope, they often have a few options when deciding how to end their marriages. In New Jersey, a couple can file for an annulment, separation or divorce.

Like divorce, an annulment ends a marriage. Unlike divorce, it actually reverses the marriage, making it as though the marriage never actually happened. In order to qualify for an annulment, an individual must prove that he or she was subjected to fraud or marital misrepresentation.

In many situations, when marriages are incredibly short, one spouse may seek an annulment. According to one recent article, that may be how Kris Humphries is hoping to end his high-asset marriage to Kim Kardashian.

Finding the right divorce lawyer in New Jersey

Heading into a New Jersey courtroom to settle a divorce can be challenging. Having the right attorney for the job is a top priority for both parties. People might think bringing aggressive lawyers into the court will yield more results for their bottom line. Others think that being represented by nice lawyers will soften the facts of the case that led to the divorce.

The truth of the matter is that neither of these options will lead the court to believe one way or the other. To get the most out of the settlement process, finding an attorney that is willing to work with you to understand and meet your needs is the most important. Versatility in the court room to adapt to changes in the case is another desirable characteristic.

Mediation: Cost-effective divorce solution for New Jersey couples

Most people who are thinking about divorce are concerned about three main things -- their kids, their property and their money. Discussions regarding child custody and property division will be worked out during the divorce process. To some degree, that will also impact your finances.

However, the way in which you decide to divorce can also make a huge difference on your pocketbook. In general, the more things you want to argue in court, the more expensive the divorce will be. Given the unstable nature of the current economic climate, many people are turning to mediation as another way to save money.

New Jersey may see alimony reform

Following another state's recent overhaul of its alimony system, New Jersey may take similar steps to change the way courts determine and award spousal support. Under the current system, an individual who is undergoing divorce may be ordered to provide his or her spouse with permanent alimony. Detractors of this system say that it unfairly punishes those who wish to end their marriages, turning what could be an easy and peaceful process into a dispute that leaves former spouses as lifelong legal enemies.

An organization called New Jersey Alimony Reform says the goal of the reform is to update what it sees as outdated rules that are still based on the assumption that a husband will provide a family's primary source of income.

Protecting your finances when leaving a violent marriage

There are numerous things that can lead to divorce. Some people realize they have little in common. In other situations, people realize they are no longer in love. Unfortunately, domestic violence can also lead to divorce. When violence or abuse is to blame for a marriage's end, it can be difficult to leave the marriage safely.

In a recent Huffington Post article, Jeffrey Landers talks about the steps people can take the protect their assets when they are leaving abusive marriages. Managing your finances after divorce is never easy, but if you are the victim of domestic violence, you may need to take pro-active steps to ensure you can be financially stable after your split.

Evaluating the quality of online divorce programs

Courts in New Jersey and across the country are focusing on the welfare of young children after their parents' divorce. With that, an increasing number of divorcing couples are now required to take divorce education courses before being allowed to separate. The classes aim to provide parents with the knowledge and skills needed to develop optimal parenting plans and to make sure their child's development is not negatively impacted by the divorce.

To make such courses easier to schedule, some courts allow parents to participate in online divorce education programs. While researchers have begun to study the quality of traditional divorce education programs, the effectiveness of their online counterparts is largely unknown.

Avoiding unfair divorce tricks in New Jersey courts

Divorce frequently cause tempers to flare, and some spouses willing to take unfair and cruel measures to ensure they get the upper hand in divorce proceedings. Good divorce lawyers are well-acquainted with such tricks, and they know how to combat them. If you suspect your soon-to-be ex-spouse is willing to go any distance to secure a bad ending to your marriage, it may be advantageous to contact a family law attorney who can protect you.

One tactic particularly common in high-asset divorce cases involves one spouse preventing all of the top divorce lawyers in the area from working with the other spouse. For instance, an individual undergoing divorce could arrange meetings with all of New Jersey's best divorce lawyers, revealing certain details about the case without actually intending to retain the attorneys. Because those attorneys have consulted with one spouse, they are ethically obligated to turn down the opportunity to represent the opposite party.

Goldstein & Bachman's founding partners - Mark Goldstein and Howard Bachman - have each practiced law in New Jersey for more than 20 years.

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