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Posts tagged "spousal support"

Unable to pay alimony, New Jersey man jailed

In years past, the majority of women did not work outside of the home. As such when a couple divorced, the woman was almost always awarded spousal support or alimony payments for the rest of her life. Today, a large majority of married women work outside of the home. Despite societal changes in how income is earned and shared, many states have failed to update laws pertaining to spousal support.

New Jersey courts deny motion to terminate spousal support

Often when parents divorce, the non-custodial parent is ordered to pay the custodial parent spousal support in addition to child support. More often than naught, the children reside with their mother. As the months and years go by, both parents may be involved in other serious relationships. The relationship of one New Jersey mother and her ex's motion to terminate spousal support has drawn criticism from father's rights advocates.

A few post-divorce financial steps for New Jersey residents

Our readers in Old Bridge may recall a couple of recent posts about the expenses people often face after divorce. But what are some of the basic ways divorcing individuals can get their financial affairs in order after a split?

It certainly isn't possible for all New Jersey residents, but creating an emergency cash fund is one great way of ensuring that costs associated with the divorce don't prevent you from being able to act if an unexpected situation arises. Divorce often means the household income is compromised for a time, so creating an emergency fund in accordance with a monthly a budget is a way of protecting yourself financially.

Happy Mother's Day. Let's talk about how much child support you owe.

When you think about what women want for mother's day, there are probably a few common things that come to mind -- flowers, cards and homemade gifts from the children. But this Mother's Day, many moms in Old Bridge gave more than they received. Sitting at their tables between flowers and cards, many mothers took the time to write their exes checks for child support or spousal support.

When we think about traditional gender roles in marriages, many people picture the men as the breadwinners and the women as the homemakers. Although that may have been true for decades, the tables are starting to turn. As women gain new footing in the workplace, it is becoming increasingly common for women to be the breadwinners and for men to be the homemakers.

The tax implications of alimony

Spring is generally a happy, optimistic season in New Jersey, complete with warm weather, increasing sunlight and the seeming promise of a fresh start. Unfortunately, spring also contains one unpleasantness: the federal income tax filing deadline, which falls this year on April 17.

If you have gone through a divorce this year, you may feel more confused and overwhelmed by your taxes than ever before. However, depending on your financial situation, your taxes will probably be less complicated than you are anticipating.

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 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.

Common arguments over support in New Jersey divorces

There are a number of arguments that people going through a divorce, particularly high-asset divorces, often make concerning spousal support or child support. These arguments, however, have been rejected by courts in New Jersey and elsewhere.

Sometimes, a divorced parent will question why his or her ex-spouse, who was awarded possession of the home and custody of the children, is not required to contribute to child support, particularly if they have a higher income. This is because support is frequently awarded based on legislative guidelines as a percentage of the income of the parent not providing the children's primary residence.

Is Schwarzenegger paying spousal support?

When couples have been married for a length of time, they grow accustom to the lifestyle they shared while living together. However, if the couple divorces, one spouse may be required to make spousal support payments to the other spouse. This is even more common if the couple has been married for an extended period of time, and if one spouse makes drastically more than the other spouse.

Despite those factors being true for Arnold Schwarzenegger, when he filed his divorce petition, he said he was not interested in paying his soon-to-be ex-wife, Maria Shriver, spousal support.

Understanding the factors that influence spousal support

In New Jersey, spousal support may be awarded after divorce to help ensure both individuals are able to maintain the lifestyle he or she grew accustomed to during the marriage. However, even when people are awarded spousal support, they may still need to adjust their lifestyle to help ensure they are living within their means.

Spousal support, sometimes called alimony, is the legal obligation to provide financial support to one's spouse following a divorce. The rules surrounding spousal support are often fairly broad, and a great deal is left to the discretion of the judge when it comes to deciding the specifics.

High net worth divorcers beware: Lessons from the Brandes

Seven years after the separation of the richest couple in the United States, Charles and Linda Brandes, the divorce proceedings are still in progress, and there is no end in sight.

While long divorces are certainly not unheard of for high net worth individuals, states like New Jersey provide options that enable parties to have a quick divorce, even if one spouse is not in agreement. For example, if both parties live in New Jersey when the divorce is filed, the other spouse must respond within 35 days. For the Brandes' divorce saga, there are numerous issues complicating the matter.

Financial considerations for couples over 50 who divorce

In the past year, a number of high-profile Baby Boomer couples announced they were getting divorced. Every high net worth couple that gets divorced in New Jersey must make financial considerations that lower-income couples don't have, but divorcing couples over 50 have even more things to consider.

Because of the amount of time they have spent in the workforce and the size of the assets they have acquired together, there is more at stake. To avoid making costly mistakes, individuals should consider three main things:

Alimony is an investment into the future

Alimony can serve as a payment for a spouse who has sacrificed their earning potential for the good of their family during a marriage. Alimony, however, should be viewed as an investment into the future, as opposed to a paycheck.

In New Jersey, the amount of alimony may vary depending on what is provided in a divorce settlement. The lifestyle led by the couple prior to divorce is one of the main factors in determining the alimony amount. Contribution to the marriage and the duration of the marriage also play a factor in determining the amount of an alimony payment.

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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