One Couple’s Dilemma: What Do You Do When Child Support Payments Are Late?

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Stacy and Mike are two New Jersey residents who have been divorced for approximately one year. The former spouses have two minor children, ages 6 and 10. According to their divorce decree, Mike is obligated to pay approximately $750 per month in child support.

For the first few months after their divorce, everything seemed relatively calm. Stacy and Mike established a somewhat cordial relationship for the sake of their children, and Mike was on time each month in making his child support payments.

Then, out of nowhere, Mark’s payment was late one month. Read more

New Jersey Divorce Chronicles: Avoiding Common Divorce Mistakes (Part 1)

Couple Showing Back to Each Other.
We have all heard at least one divorce horror story in which mistakes and missteps in the divorce process left one or both parties feeling angrier and more bitter than ever before. If you are going through a divorce right now, or thinking about filing, it is important to know that for the vast majority of cases, negative outcomes can be avoided through thoughtful planning and intelligent decision making.

In our new blog series, we will follow two typical couples going through divorce in New Jersey and use their case studies to highlight complications that can arise in a divorce case, along with the many possible ways to prevent these mistakes from leading to spiraling conflict and out of control costs. Read more

You Are Invited to Our LIVE Facebook Family Law Q&A

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On the first Tuesday of every month, Weinberger Divorce & Family Law Group, LLC hosts a LIVE Facebook Q&A to answer your questions related to divorce and related family law issues, including child support, child custody, alimony and more. Our next Family Law Tuesday is scheduled for December 2 from 8-9 pm. We cordially invite you to stop by and ask your question(s) during the hour (we’ll be on hand to answer). You are also free to send us questions via private message. We will post your question using only your first name — or keep it anonymous if you wish.

What kinds of questions do others ask? Here’s a sampling from November’s Family Law Tuesday: Read more

What Happens To The Year-End Bonus When You File For Divorce?

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Back in September, Lucas and Joanne called it quits and decided to end their 15-year marriage. The New Jersey couple is currently separated, with plans to move forward with filing for divorce in January, once the holidays are over (waiting was Joanne’s idea because, as she explained Lucas, she didn’t need the added stress). Over the past few months, Lucas and Joanne have have had very little contact with each other, especially since each party established their own bank accounts as soon as they decided to separate. For all intents and purposes, except for the official paperwork, Joanne and Lucas are living like a divorced couple.

In late December, Lucas receives a year-end bonus at his job. Because his company had a successful year, the amount of the bonus turns out to be a considerable windfall. Before Lucas deposits the check in his personal back account, he thinks about the divorce he will be filing for in mere days, and how this money may come into play. Is this money — received after he and his wife separated — considered marital or separate property? If his wife can lay claim to it, how much will she get? Will this money mean a higher alimony payment? And what if Lucas holds off on depositing the money until after he files for divorce… would that be a loophole to keep it safe? Read more

14 Gifts to Give Your Divorced Friends (or Your Ex) This Holiday Season

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Make the holidays a little happier for newly divorced friends and loved ones with these light-hearted gift ideas. Is it your first holiday season since your separation or divorce? Put yourself on your own gift giving list! And if you’re really feeling generous this year, there are even a few gifts listed below that might be the perfect present for a former spouse. Read more

State Judiciary Fee Hike Affects Cost of New Jersey Divorce

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If you are gearing up to get a divorce in New Jersey, be aware that the cost of filing the necessary paperwork just went up. Read more

5 Steps to Take Before Filing for Divorce

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You’ve decided to get a divorce, so now what? Before filing any paperwork, it pays to take some time to get yourself organized and acquainted with the legal process you are about to embark on. As those who rushed into the divorce process may be able to tell you, there can be unintended consequences for not getting your “ducks in a row” before filing for a divorce.

As for which particular “ducks” you need to pay attention to, here are 5 important steps you won’t want to skip before filing for divorce: Read more

NJ Supreme Court Case Raises Important Questions About Alimony Awards for Stay-At-Home Spouses

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The New Jersey Supreme Court yesterday began hearing arguments in the alimony dispute of Elizabeth Gnall v. James Gnall (Gnall v. Gnall). For anyone with questions concerning how and when permanent lifetime alimony is awarded, and whether stay-home-spouses should be expected to resume their career in the event of divorce, this is a case to pay attention because its outcome could change how future alimony awards are decided.

[Note: The NJ Supreme Court issued a decision in Gnall v. Gnall on July 29, 2015. For a summary of the Court’s findings, please see our update blog: NJ Supreme Court Case Addresses Questions About Alimony Awards for Stay-At-Home Spouses: Gnall v. Gnall (Part II).]

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Wife Forbids Contact With Children After Husband’s Affair

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Luke and Karen have two young children. After discovering Luke was having an affair, Karen informed him that she would be filing for divorce and that he was to pack his bags and leave. Luke moved out, but specifically rented an apartment nearby so he could still be close to the kids. Once he was settled in, Luke called Karen and asked her if the children could spend the weekend with him. Karen told him in no uncertain terms that he was not worthy of seeing his children after what he did to her, and promptly hung up. Karen then refused to take any more of his calls or answer his texts.

Luke had no idea how to proceed or what his rights as a father were. He was aware that couples with children who divorce end up with a child custody order as part of their divorce decree. However, he and Karen were only separated, and it would be some time before their divorce even really began (Karen had yet to serve him with papers). What was he supposed to do in the meantime? Read more