Once the divorce case starts many will people go berserk and they will hide as much of their assets and money as possible. Moreover, many people have planned their divorces for many years before they actually file for one. During their planning stage it is not uncommon for a person to try to hide as much of their assets as possible. Many devious spouses have secret bank accounts. Some guiling spouses may transfer assets to family members or to paramours. Finally, some desperate spouses may even resort to transferring assets overseas. Nonetheless, don’t expect that your ex-spouse is going to be benevolent in your divorce and just hand you over bags full of money. Life just doesn’t work that way! Therefore, you should be fully aware of the methods and resources that can be used to help you avoid being victimized by a spouse who is hiding assets.

Here are the best tips to bust your spouse if he is hiding assets and money from you in your divorce.

A. Review your spouse’s tax returns.

You should always carefully review your spouse’s tax returns. During the discovery process of the case you should always request three to five years of tax returns. Your spouse may be emboldened to try to hide money from you. However, most people get terrified at the prospect of hiding money from Uncle Sam and the IRS. Your spouse will most likely honest on his tax return because he does not want to face any strict IRS penalties, fines and even a prison sentence for any tax fraud. Even a sneaky husband who is trying to hide income from you is going to think twice about trying to hide money from the IRS. Therefore, you should try to obtain at least five years of tax returns from your spouse. When you review the tax returns, you should pay careful attention to all of the income that is listed on the tax return for any investments such as stocks, partnerships, joint ventures, etc. Moreover, you should analyze the return for any losses that are listed.

B. Obtain and review any checking account statements and cancelled checks.

It is also important to obtain your spouse’s banking records during the discovery process. You should obtain all copies of your spouse’s financial accounts during discovery. You would be surprised how much information you could obtain by reviewing your spouse’s cancelled checks. You could find a cancelled check for a purchase you never were aware about, such as an investment property, an overseas financial investment, etc. If you should uncover a hidden asset(s) this could make a sizable difference in the size of  your divorce settlement.

C. Review your spouse’s savings account statements.

You should also review your spouse’s savings accounts deposit and withdrawal slips. If you review the deposit and withdraw slips then this could lead you to a hidden asset such as an undisclosed mutual fund account or stocks and bonds. If you should notice any unusual withdrawals or deposits then you can undertake further discovery of this account. Another helpful hint is that it is very important to copy all of your spouse’s financial records before you separate.

D. Review any loan or mortgage application(s) from your spouse.

Another important source to uncover any hidden assets is to review any loan or mortgage application(s) that were completed by your spouse. Most banks want you to put up your unborn child as collateral for any loan. If your spouse has borrowed money from a bank or a mortgage company, then his loan application should also list all of his accounts, mutual fund accounts, and stock accounts. A person must complete a loan application to obtain money from a bank or to qualify for a mortgage. Any loan application will also list all of the assets that a person owns. Moreover, the application will also have a summary of the values of all of the assets owned by your spouse. In summary, you should be able to get a fair assessment of your spouse’s portfolio and of his other assets if you obtain and review his mortgage applications.

E. Don’t forget to contact the tax assessor’s office.

You would be surprised but I have had cases wherein a spouse has owned houses and other real property and he has failed to disclose them to his wife. If your spouse is a major sneak then you should run a title search and ascertain if your spouse owns any other types of real estate in New Jersey. Moreover, you can obtain any real estate information that you spouse may own from the local tax assessor’s office. The tax assessor could provide you with the address of the property that your spouse may own. Moreover, the tax assessor could also provide you with an assessed value of the property.

F. Your spouse’s boss may help him hide assets.

I have had many cases wherein a person’s boss has helped him hide his assets during a divorce. A boss might be convinced to not give an earned bonus to your husband until after the divorce is finalized. Moreover, in many cases a spouse’s stock options, retirement benefits or pay raises can be delayed until after the divorce is finalized. If pay raises are delayed then this could drastically lower any child support or alimony calculations. Therefore, you should always be vigilant to try to uncover any hidden or delayed pay raises, deferred compensation, or bonuses.

G. Your spouse could have friends or family help him hide assets.

Finally, I have handled many cases wherein a devious spouse will use a friend or a relative to help him hide his assets. A very common scheme is that a person will fabricate a debt to a friend or a relative. This scheme will enable your spouse to keep a larger share of the marital estate. Therefore, you should try to verify any questionalable debt that your husband lists on his CIS or in his discovery responses.

A. Ability to Pay

The most important consideration when determining a person’s alimony obligation is his ability to pay alimony. The court carefully reviews the payor spouse’s gross income. Moreover, the court will then subtract all mandatory deductions from his paycheck. Thereafter, the court will have a net income figure to use to determine any alimony award. Mandatory deductions include federal income taxes, new jersey state tax, social security and health care expenses. Most courts will also permit union dues to be deducted from the payoer’s gross income. However, the court will not permit 401K contributions, savings contributions, vacation club deductions, etc. to be made from a payor’s gross income. If the parties have equal income then the court will not impose any alimony obligation. However, if there is a disparity of income then an alimony award must be calculated.

B. Ability to Earn

Both spouse’s ability to earn a living is another critical factor to determine alimony. The courts not only consider what a spouse actually earns but it also considers what a spouse could earn in the future. The issues of imputed income and under-employment are vexing issues in many family court cases. For example, suppose you are a dentist and you are getting divorced. Before you file for divorce, you fold up your dental practice and then get a job at Walmart. Your rational is that you don’t want to pay your wife any alimony, and if you work at Walmart then your income would then be the same as your wife’s. Unfortunately, you can’t beat the system. The court would impute income to you, and calculate any alimony award based on your income that you were earning as a dentist. This legal concept is known as imputing income. The concept of imputing income is very much overused and sometimes even abused by many judges. The job market is constantly changing and it is unrealistic to expect judges to fully be “in the know” as to the employment climate for many fields of employment.

C. Ability to Support Yourself

Another important factor when determining alimony is whether or not a spouse has any marketable skills. If your ex-wife is a housewife, and if she has not worked in five years, then your alimony payment is going to be somewhat high. Alternatively, if your wife is a professional woman who has been out of the job market for two years to have a child, then your alimony payment will be much more reasonable. Many courts also are very interested if the wife is able to work outside the home. If a wife has custody of pre-school aged children, and if she no access to daycare, then this scenario could make it impossible for a wife to work outside the home.

Another important factor is the dependent spouse’s enthusiasm to find work. If a dependent spouse has marketable skills but she refuses to look for work, then the court is much more likely to limit the amount of alimony and the length of alimony. In New Jersey, in many cases no alimony is awarded if both spouses are able to support themselves on a comparable level. If one spouse was dependent on the other during the marriage, then this spouse is often awarded rehabilitative alimony. Rehabilitative alimony could be awarded for a time period lasting anywhere from one year to several years.

D. Standard of Living During Marriage

When a court determines alimony it also has to consider the standard of living during the marriage. The court will try to maintain this standard of living for both spouses if it is possible. However, this concept is really just a bunch of nonsense. Whenever a couple gets divorced both of their standards of living are markedly reduced. However, if you read all of the current alimony cases the common themes and concepts that are discussed is that if all possible both spouses standards of living must be maintained. Unfortunately, in my professional opinion some courts place too much emphasis on the standard of living factor, and they ignore the cold hard economic realities of living in New Jersey. Moreover, the court’s over emphasis of the standard of living factor has created a New Jersey alimony jurisprudence that is reviled by many people.

E. Length of Marriage

This is another critical issue in the calculus to determine alimony. The basic rule of thumb is that the shorter the marriage, then the shorter the length of alimony. A critical benchmark is whether the marriage has lasted ten years or more. In many mid-length marriages many courts could go either way and either award a limited duration term of alimony, or the payor spouse could get the “death penalty” and be ordered to pay permanent alimony.

F. Tax Consequences of the Alimony

For federal income tax purposes, generally any alimony that is paid pursuant to court order/judgment is deductible by the payor spouse. Moreover, the recipient spouse must pay income tax on the alimony that she receives. Meanwhile, child support is tax free to the recipient spouse, and it is not deductible by the payor spouse who pays. Most judges take into consideration the tax implications of alimony and child support when they determine any alimony award.

G. Debts

In this day and age, most divorcing couples have large credit card balances that they have to deal with. If a court orders the husband to pay for a larger percentage of the marital credit card debt then quite often the alimony award will be lower.

H. Professional Degree or License

The courts will not only take into consideration the amount of financial support given during a marriage but, also the amount of emotional support. If a spouse has worked and supported the other spouse through school, then this factor will evaluated. The dependent spouse could ask for and receive compensation in the form of alimony for all the years she worked when the other was in school.

The credit card companies are not interested in how assets, homes, and the bills are divided during a divorce case. Credit card companies have only one objective and that is to be paid! If you have joint credit card debt with your spouse, then you are both legally responsible for paying it back. Even if the judgment of divorce provides that the husband is required to pay off the family’s credit card debt, if he does not pay it off, then the credit card companies will then sue the wife. Creditors are not legally bound to abide by the terms of the final judgment of divorce. A family court’s order does not override what you owe to your creditors. Below are some practical and real world advice that will help keep your divorce case from ruining your credit report.

A. Close any joint credit card accounts.

Before you separate whenever possible, you should close all joint credit card accounts. If you close them before you file for divorce, then you could prevent an angry spouse from racking up huge credit card balances and other types of charges. You should try to close as many joint accounts that have credit available on them. Close joint credit card accounts. Close diner club accounts. Try to file separate tax returns so you can limit any tax liability for that year. You can avoid countless aggravation, and save yourself some serious money if you stop your angry spouse from maxing out the family’s credit cards. I had one case wherein an aggrieved spouse ran up a $6,000 water bill during a nasty divorce cases. Don’t let yourself become a victim, try to cut off as many joint accounts as possible. You can’t reduce your exposure to zero, however you can certainly cut off jointly held credit cards. Moreover, you should try to get any jointly held phone services and other utilities out of your name if possible.

B. Change your joint credit card accounts to separate or individual accounts.

If you are getting divorced then you should get used to living your life separate and apart from your spouse. Therefore, it is critically important that you should immediately turn all credit cards, gas cards and any retail accounts into individual accounts.

C. Settle up with your creditors if necessary.

If you and your spouse have any lingering outstanding debt, then it many not be a bad idea to settle some of your debt. You can always offer to close the accounts by paying a smaller amount than is owed. If this is done, then you should always obtain a letter from the creditor that the account has been paid in full. Moreover, you should obtain a written promise that they will not file any derogatory about the account with the three major credit bureaus. You should make all efforts to protect your credit report. Bad marks on your credit report will cost you money in the future.

D. Freeze your  accounts.

If you are not able to pay off or reach a settlement with your credit card companies, then the next best step is to freeze your cards. Unfortunately, you will not be able to use the credit card(s) but it should protect you from your spouse racking up high bills. Once the divorce case is finalized, then any credit card balances can be transferred to the spouse the court holds responsibly for the debt. If the responsible party does not pay the debt then you don’t have to worry about it affecting your credit report.

E. Contact your creditors.

If you are getting divorced then you should advise your creditors. If there is a change of address, then you should make sure they know it so that you will continue to receive bills from all joint accounts. If your spouse racks up bills on a joint credit card, if you have given notice to the creditor, then this could be a valid defense to any future collection cases that may filed to collect this debt.

F. Make sure all bills are being paid.

Divorce cases can take many long months or even years to finish. Unfortunately, all it takes is one late payment to hurt your credit. Therefore, even if you have to pay the credit card bill that you are certain will be your spouse’s responsibility it will be worth it in the long run.

Prenups are not just for married people anymore. As more and more young couples move in with each other, many are now negotiating agreements that are referred to as dating prenups. These legal documents are also legally known as cohabitation agreements or “cohabs.” These type of agreements help modern age couples to sort out who gets what in the event of a breakup. The divorce rate is so high that many people are just terrified at the prospects of getting married. It is important to emphasize that the number of unmarried couples living together shot up 88 percent from 1990 to 2007, according to the U.S. Census Bureau. Therefore, it is no surprise that pre-prenups, also known as cohabitation agreements or cohabs, is an explosive trend in New Jersey. Pre-prenups are particularly common in New Jersey, where common-law marriages are not recognized. Moreover, many unmarried couples are considered legal strangers unless they have a cohabitation agreements.

When a typical couple moves in together, they typically negotiate many household issues. These issues include; Who makes the bed? Who handles the laundry? Who gets flat screen TV? However, there are much more pressing issues if the relationship does not work out and if the parties separate. Who gets to keep the security deposit? How is the jointly purchased furniture split? Who gets to keep the cat or the dog? How are joint bills paid after a break up? Can a co-signor be released from liability if the parties break up? A cohabitation agreement addresses many of the common every day issues that people encounter if they live together. A cohabitation agreement or a pre-prenup forces you to realize that you are sharing just about everything with your life in partner. Making these decisions in advance is a healthy communication tool for many couples. Pre-prenups are something that more and more unmarried New Jersey-ites, hurt by painful and bad breakups are signing. They hope to protect themselves, their property and their pets from happily never afters.

2. Do I have to get a lawyer to prepare a cohabitation agreement?

It is always advisable to retain the services of an experienced family lawyer whenever possible. However, times are tough now and many people are “broker than a door knob.” However, if you can’t afford to hire a lawyer than even an informal signed document, or even mutually acknowledged e-mails can also serve as a valid and binding contract. Cohabitation agreements can be basic agreements that cover such basic issues as splitting furniture and the security deposit. Alternatively, cohabitation agreements can be somewhat complex and address everything from real estate rights, educational expenses, to partner support, and the splitting of debts.

3. How can you create your own pre-prenup?

a. You should discuss the subject with your partner and make the decision whether a pre-prenup is necessary, and if it is important to the both of you.

b. If you are established and if you have acquired sizable assets then it is important that you retain a lawyer to assist you. However, if you have little savings and no assets, then you can’t split nothing with your partner. Therefore, it would not be necessary to hire legal counsel.

c. You should choose what to include in the cohabitation agreement. The typical items that are addressed in these agreements typically are shared property, partner support, pre-relationship or future debts, joint household purchases, educational expenses, pets, life insurance, health proxies and joint banking accounts among others. Moreover, you can even list the rules for your relationship and possible breakup, although enforcing these can be difficult.

d. It is also important to revisit your prenup whenever a significant life event or change in circumstance occurs in your relationship. If you go from renting to owning together, or one wants to quit work for school, then you may want to provide for that in the cohabitation agreement.

Do you know how much your mortgage payment is each month? Do you know what bank holds your mortgage? Is your husband’s life insurance policy current and up to date? Who are the beneficiaries named on your husband’s life insurance policies? What does your family’s stock portfolio consist of? How much credit card debt is your family now in for? If you are considering filing for divorce, then you better be fully knowledgeable of your family’s financial picture. In these very hard economic times, when all of America’s jobs have been shipped to China, it is critically important not to start a divorce with your “head in the sand!” In short, you can’t file your divorce if you are an airhead about your family’s fiances!

Many of my clients who want to get divorce have spent the last few years of their lives miserable and depressed. Quite often people who are miserable don’t pay attention to their financial affairs. There are many people especially women who can’t answer the above basic financial questions. In the real world, there are many abusive relationships and the husbands dominate the family’s finances. The value of marital assets that is subject to equitable distribution is typically determined as of the date when the divorce complaint is filed. However, there are some limited exceptions to this bright line rule. If you want to ensure that you will obtain your fair share of the marital assets, then you should gather as much financial information about your family’s assets before you file. Don’t expect that your husband is simply going to give you one half of the marital assets on a silver platter. Most divorces simply don’t work out this way!

2. What type of specific information about my marital assets should I obtain before I file for divorce?

A. Home Information

The most important asset that most divorcing couples own is a home. Additionally, many couples also own a vacation home, a rental home, or an investment property. For any type of real property that you own you should have a copy of the deed, recent appraisals, HUD-1 settlement statements, a current mortgage statement, and the homeowner’s an insurance declaration page. Additionally, if you have a rental property you should also have a copy of the most recent lease, any rental ledgers, and any other records.

B. Bank Accounts

You should also obtain your last three to five years of bank statements and cancelled checks for any bank accounts that were opened up by either you or your spouse. It is not as easy as you would think to obtain bank records. Therefore, given the condensed nature of divorce cases in this hurry up and wait New Jersey court culture, you should order copies of your bank records as soon as possible.

C. Vehicle Information

For all vehicles that you or your spouse may own you should obtain copies of any obtain the titles, registrations, loan statements and insurance cards.

D. Tax returns

It is critical that you obtain your tax returns in any divorce case. Your tax return(s) can provide your legal counsel with critical info about your spouse’s income, bank accounts, investments, business entities and additional sources of income. In the typical case three years of tax returns are needed. You should also make sure that the tax returns are complete, and also contain any and all accompanying schedules, W-2 statements, and 1099 statements.

E. Pay Stubs

Another important source of information is the parties’ pay stubs. In the average divorce case, the court and the lawyers will need three months of pay stubs for each spouse.

F. Social Security Statements

You should obtain a copy of both you and your spouse’s Social Security Statement. Your Social Security Statement can be requested from the Social Security Administration from their website located at www.ssa.gov. This statement can be a very important tool to help determine each spouse’s income history and capacity to earn. This information is critical and it will enable the lawyers and the family courts to determine any child support and alimony.

G. Credit Card(s) Information

In addition to houses, mutual funds, and marital savings being subject to equitable distribution, marital debt also must be divided as well. Credit card debt is also a hotly contested issue in almost every divorce case. Therefore, copies of the most recent statements for all credit cards with any outstanding balances must be disclosed. These credit card statements will also provide a snapshot of your marital lifestyle. In most cases credit card debt was used to finance the marital lifestyle. The credit card statements will also provide what trips were paid for by the credit card, what restaurants the parties’ dined at, where the family shopped for clothing, etc.

H. Retirement Accounts

Retirement accounts are also subject to equitable distribution. You should obtain current statements for all 401K’s, pensions, IRA’s, money market accounts, CDs, 529’s or any other type of retirement or college savings account for either yourself, your spouse and your children.

The answer to your question depends upon what type of assets are at issue, when and how they were acquired, and whether or not your spouse played any part in any increase in their value. In New Jersey all property, except for gifts and inheritances, that are acquired once you become married is considered to be marital property. All other assets that owned before the marriage, or that are or acquired before or during the marriage by gift or inheritance are considered to be your own separate property. The law of equitable distribution can become very complicated if there is commingling of your separate property with marital property, or if your spouse helped to increase the value of your separate property.

2. How will the family court distribute any separate marital asset when it has been commingled?

The court will analyze and review the value of your separate property on the dates either when you were married or when it was commingled. The court will also analyze when and how your spouse helped to increase the assets value. In the typical divorce case the court will try to determine how much value your spouse contributed to the asset. Thereafter, the court will try to apportion a fair split of that asset.

3. How can I protect a family heirloom in my divorce case?

Family heirlooms are some of the more easy types of assets to try to protect from commingling. It is not easy to commingle jewerly, watches, or furniture with your spouse. The major rule is that you should always try to avoid commingling your assets with your spouse. However, this is easier said than done! Therefore, if you have inherited a stock portfolio, then you and your spouse should never trade in and out of that portfolio. This same rule also applies to savings account, a CD, a trust account, a checking account, a mutual fund, or any other type of any asset that you own. Nonetheless, if you should happen to commingle these assets, then you can still protect your separate property as long as you can prove or trace the money from your own separate account.

It is important to be educated on the fact that with only one exception, a complaint for divorce cannot be filed in New Jersey, unless one of the spouses has been a resident of New Jersey for at least one year prior to the filing. The only exception for the one year rule is for the grounds of adultery. If you are a resident of New Jersey, and if your spouse has committed adultery, then there is no one year residency requirement before you can file.

 2. How many grounds for divorce are there in New Jersey?

New Jersey now recognizes nine grounds for divorce. The grounds of separation and of irreconcilable differences are considered to be “no-fault” grounds. Meanwhile, the remaining seven grounds all involve allegations of “fault.”

3. What are the no fault grounds for divorce?

A. Irreconcilable Differences

The ground for divorce of irreconcilable differences was recently established in 2007. Many people who filed for divorce got “bugged” out if they had to file for extreme cruelty. Therefore, the grounds of irreconcilable differences were designed to try to make the divorce process somewhat less adversarial. The complaint based on irreconcilable differences must allege that the parties have had a) irreconcilable differences; b) which has caused the breakdown of the marriage; c) the breakdown must have been for a period of six months; d) the marriage should be dissolved; e) and that there is no reasonable prospect of reconciliation. Under this new ground for divorce, married couples can still file for a divorce even if they continue to live together in the same household.

B. Separation

The parties are required to have lived in separate residences for at least eighteen consecutive months immediately before filing the complaint. Moreover, there must be no reasonable prospect of reconciliation.

4. What are the grounds for divorce based upon fault?

A. Extreme Cruelty

The ground of divorce for extreme cruelty is also a very popular one. Extreme cruelty includes any physical or mental cruelty which makes it improper or unreasonable to expect one spouse to cohabitate with the other spouse. Although this ground appears very harsh, it is simply a legal “term of art.” The New Jersey family courts liberally interpret what types of marital conduct constitutes extreme cruelty. In my twenty years of practice I have never seen a court deny a divorce for the reason that a spouse was not able to prove extreme cruelty. In my put thru hearings the court simply asks the complaining spouse if he or she has read the allegations of extreme cruelty, and if they are true and correct. Nonetheless, in the more nasty cases, some spouses really over do it, and they list pages and pages of allegations of extreme cruelty. I don’t believe in the merits of this type of strategy. If you encounter a divorce complaint with pages and pages of allegations of extreme cruelty, then that spouse has an “axe to grind.” The case will not be a simple one, and for any young lawyers reading this article, get a decent sized retainerbefore you accept the case.

B. Adultery

Another popular ground for divorce is for adultery. The New Jersey courts have defined adultery as one spouse’s rejection of the other, by entering into a personal intimate relationship with any other person, regardless of the specific sexual acts performed. If it is known, the divorce complaint must state the name of the adulterer or also known as  the paramour. The cheater is also referred to as a co-respondent. A copy of the divorce complaint must then be served on the cheater or the co-respondent. The cheater does not have to file an answer to the divorce complaint.

C. Desertion

The willful and continuous desertion of one spouse by the other spouse, such that the parties have ceased to cohabit as husband and wife for at least the twelve consecutive months immediately prior to the filing of the complaint, constitutes desertion under New Jersey divorce law. It is important to note that the parties can still live in the same househould while going through the divorce process. However, one spouse must willfully withhold sexual relations for the twelve month time period.

D. Addiction

Under New Jersey divorce law, addiction is defined as the habitual drunkenness or a persistent and substantial dependence on a narcotic or other controlled dangerous substance after the marriage. The addiction must be for at least the twelve consecutive months immediately prior to the filing of the complaint.

E. Institutionalization

This ground requires that a spouse to have been institutionalized for mental illness for a period of twelve or more consecutive months ater the marriage, and before the filing of the complaint.

F. Imprisonment

Imprisonment can also be a ground for divorce in New Jersey. The jailed spouse must be imprisoned for eighteen or more months after the marriage. Moreover, the parties can not resume living together once the jailed spouse is released from prison.

G. Deviant Sexual Conduct

Deviant sexual conduct is the final ground for divorce in New Jersey. This ground simply that the deviant sexual conduct must have occurred without the other party’s consent.

There are four different types of alimony in New Jersey, and they are classified as limited duration alimony, rehabilitative alimony, reimbursement alimony and permanent alimony. The primary purpose of alimony is to permit one spouse, typically the spouse with lesser earnings or earning capacity, to continue to live as similar a lifestyle after the divorce as she did during the marriage.

2. How does a court determine alimony?

The legal process to determine alimony is very subjective to say the least. The issue of alimony is typically the major impediment for parties’ to reach a settlement. Unlike determining child support there are no alimony guidelines. Moreover, there are no computer programs that will assist you to determine the amount of alimony. Nonetheless, the alimony laws do provide the court with a list of alimony factors or guidelines to be considered when determining the amount and length of an alimony award. These factors include the length of the marriage, the age and health of each of the parties, the length of absence from the job market (often to take care for children), the ability to earn, and the actual earnings of the parties.

3. How does a court determine the length of an alimony award?

Generally, the longer that two people have been married, then the greater the length of an alimony award will be. Additionally, alimony can also be awarded on a temporary basis because the parties had a short-term marriage, or because of one party’s need for a short term of financial of assistance. Moreover, a party may need “rehabilitation” to allow themselves to get back on their feet. The rehabilitation is typically accomplished by way of obtaining additional education or job training. Finally, reimbursement alimony can be awarded to compensate one spouse for supporting the other party. The most typical scenario is when one spouse pays for the college education or masters, law school, MBA, or medical school for their spouse. The payor spouse has a good faith belief that she would reap the benefits of this degree during the marriage. Once the court determines the type of alimony, then it must determine the amount and the length of any alimony award.

4. What is the most critical factor to determine the amount of alimony?

The most critical factor to determine the type of alimony is to analyze the dependent spouse’s financial needs and the payor spouse’s ability to pay. Basically, this task requires the court analyze one spouse’s financial dependence upon the other during the marriage. The phrase that the courts most often use when determining alimony “to allow both parties to maintain the standard of living enjoyed by the parties during the marriage.” However, in most divorce cases it is impossible for the parties to maintain the same standard of living that they enjoyed during the marriage. Therefore, the family court will try to fashion an alimony award that is fair and reasonable to both parties, and that takes into consideration all of the facts and circumstances of the case. Perhaps the most important function of alimony is that it tries to ensure that one spouse’s standard of living won’t be unfairly reduced, while the other payor spouse’s actually increases. The underlying theme of alimony is that a divorce is a dissolution of a partnership. The court wants to ensure that both spouses are in similar economic circumstances once the divorce is finalized.

The court does not want one partner to leave the marriage partnership “without a pot to xxx in,” while the other partner is living the “life of Riley.” In any divorce case it is very important for you to discuss with your lawyer what your standard of living was during the marriage. You should be fully prepared to provide detailed examples and any documentation to support your position. A party can often verify their standard of living by reviewing financial documents, such as bank and credit card statements. These documents can be very helpful to determine what funds were spent during your marriage. In summary, the correct amount of alimony can only be determined if the court is provided with an accurate depiction of the parties’ lifestyle enjoyed during the marriage.

Many web surfers are shocked when they learn that their legal obligation to support of  their children continues well past their 18^th birthday. In the majority of the cases, parents are legally required to pay child support and also a large share of their children’s college costs, after their children turn eighteen.

New Jersey has the most liberal child support and college contribution laws in the nation. At least New Jersey is first in something! The majority of the states have a bright line rule, and children are considered emancipated once they turn eighteen years of age. Thus, parents have no legal obligation to pay child support after a child turns 18 years of age, or graduates from high school. Moreover, most states also do not legally require a parent to contribute to pay for their children’s college education.

Any New Jersey parent who is entangled family court system, whether because they are divorced, separated or have never been married but have children together, will be shocked when they are advised that their support obligations for their children will extend beyond high school. However, their children must be attending college, vocational, technical or any other post high school education on a full-time basis.

2. How does a family court determine child support and college contribution once a child is attending college?

The court will analyze two major factors to determine child support for any children who are attending college. The first major factor is each parent’s contribution to the child’s cost of college. The second major factor is the amount child support that is due and owing to the custodial parent.

When a court determines a parent’s legal responsibility to contribute to college, the court must analyze the following twelve factors (Also known as the Newburgh factors):

a. Whether the parent, if still living with the child, would have contributed toward the costs of the schooling.

b. The effect of the background, values and goals of the parent on the reasonableness of the expectation of the child for higher education.

c. The amount of the contribution sought by the child for the cost of higher education.

d. The ability of the parent to pay the cost.

e. The relationship of the required contribution to the kind of school or course of study sought by the child.

f. The financial resources of both parents.

g. The commitment to and aptitude of the child for the requested education.

h. The financial resources of the child, including assets owned individually or held in custodianship or trust.

i. The ability of the child to earn income during the school year or on vacation.

j. The availability of financial

aid in the form of college grants and loans.

k. The child’s relationship to the paying parent, including mutual affection and shared goals as well as responsiveness to parental advice and guidance.

l. The relationship of the education requested to any prior training and to the overall long-range goals of the child.

After the court carefully examines and weighs these factors then it will determine each parent’s responsibility to contribute to the costs the child’s college education. After determining the parent’s respective college contribution obligations, the court will then determine if any child support still has to be paid. The amount of child support is based on many different factors and they include whether or not the child lives at school or at home during the school year, the income and assets available to the child, and as the special needs of the child. Please keep in mind that the child support guidelines do not apply once a child is attending college.

A parent’s responsibility to support their child will continue as long as the child is attending college on a full time basis. If a child misses a semester due to illness or other personal issues, then the court will not automatically emancipate the child. Instead, the court will carefully analyze all of the facts and circumstances of the case. If the child needs to continue their education beyond the age of twenty-three, then the court will examine the facts and circumstances and determine each case on its individual merits. The main theme of New Jersey child support and college contribution laws is that they want to ensure that the child has every opportunity to finish their college education.

3. If my ex-husband and I are able to reach an agreement as to how to pay for our son’s college, do we still have to get court approval?

It is always advisable for the parties to agree on the payment of college. If you can avoid going to court, then you will save money on legal fees, and you will not have to litigate with your ex-spouse. If you can agree on the payment of college contribution, then the court will not require court approval, to impose their own judgment on the parties.

All divorce cases are different and each one has different legal issues and twists. Some divorces are routine and ceremonial. However, more often than not your divorce case can be your own unique and individual nightmare. On a serious note each divorce has it’s own separate financial, legal and parenting time issues. The New Jersey divorce process is not a perfect one. The entire family court system is stretched out to the max. Nonetheless, the judges and the clerks are top notch. The main flaw in the system is that the State of New Jersey is not hiring enough judges to make the family court system as efficiently as it could. There has been a major push by the judiciary to promote the mediation process. However, mediation is not free, and it only works in some of the cases.

2. I hate my cheating husband. How can I start the divorce process against him?

The first step of the divorce process is that you have to file a complaint for divorce against your husband. There are now nine grounds for divorce in New Jersey. The most common grounds are for extreme cruelty, irreconcilable differences and adultery. Once the complaint for divorce is filed then you have to serve it with a summons attached to it on your husband. The complaint for divorce simply summarizes what type of relief you are seeking. A process server typically must be paid a fee of around $75 to serve your husband. If your husband is willing to accept service of the complaint, then you can simply have him sign an acknowledgment of service. An acknowledgment of service simply is a form that verifies that your husband received the complaint, and that he understands that he has 35 days to file an answer to it. The acknowledgment of service must also be notarized. Once your husband is legally served, then he has 35 days to file an answer to the complaint. If he does not file an answer then he will be in default.

3. After I served my husband with my complaint for divorce, he moved out of the marital home, and he has now moved in with his new girlfriend. Me and the children have to eat, what should I do now?

You will have to file a motion requesting pendente lite relief. This is probably the most important motion in 95% of all of the divorce cases. This motion will request to the judge to establish a temporary child support award, spousal support, compel the payment of the mortgage, and to maintain health insurance. Quite typically the levels of support are somewhat higher in a pendente lite order (P and L) than it will eventually be in the final divorce judgment. When a judge rules on a P and L motion he often does not have as much information to review as he does when he eventually has to decide the outcome of a case. Given these dynamics, quite often the spouse with the generous P and L order is in no hurry to settle the case or go to trial. In many cases, the spouse with a generous P and L order simply likes to “sit pretty” and see her ex-husband “squirm.” I am fully aware that this type of analysis sounds harsh. However, it is the cold hard reality as to how the family court system works.

4. My husband has been served with the complaint for divorce. What is the next step in the divorce process?

The next step in the divorce process is called the discovery phase. Here, both sides must try to collect as much financial information about each other as possible. The most important part of the discovery process is to complete a ten-page form called a Case Information Statement (CIS). This form will take you a few hours to complete. It will contain a detailed listing of your income, expenses, assets and debts. This form must be filed within a few weeks after you file your complaint or answer.

The other financial items that must be disclosed are as follows:

a. Your last three tax returns;

b. Your last two months of pay stubs;

c. Copies of any pension statements;

d. Copies of any 401K statements or retirement accounts;

e. Copies of any mutual fund statements;

f. Copies of any savings account statements;

g. Copies of any credit card statements;

h. Mortgage statements;

i. Home appraisals;

j. Jewelry appraisals; and

k. Blue book values of any vehicles;

Once you obtain all of the discovery, then your lawyer can then use this information as a starting point to draft a property settlement agreement (PSA) or to start discussing a settlement. If you don’t conduct diligent discovery then your case can turn out to be a disaster. All parties are required to make a full disclosure of all of their financial assets and liabilities during the marriage. However, in the real world many unscrupulous parties who hide their money and assets during the divorce process. The family court system is swamped with all types of cases, and there is not that much oversight over the litigant’s assets. Therefore, in my estimation the dissipation and hiding of assets are a major problem in the divorce process. Nonetheless, if you conduct thorough discovery then you will significantly increase the odds that you will receive a fair “deal” in your case.

5. What is the difference between a contested and an uncontested divorce?

There are two types of divorces in New Jersey. If the parties reach a deal on the grounds of a settlement, then your divorcewill be considered to be uncontested. However, if you and your spouse are unable to agree on the divorce terms of a divorce, then you case will be considered contested. In most uncontested cases the parties have only been married a few years and they have no children. There are very few divorces that are considered uncontested if the couple have children. In an uncontested divorce both parties agree on how to divide their assets and debts, how much child support is, who has residential custody, and a parenting plan schedule, etc. The advantages of having an uncontested divorce are that it will be a much faster process and less costly. Most uncontested cases only require one court appearance. Meanwhile, contested divorces can be the most difficult experience that you can live through. All of your assets and debts “are up for grabs” in a contested divorce. All of your assets and debts must be split and apportioned. A parenting time plan also must be established. Additionally lawyer fees can be quite high in a contested case.

 6. What exactly is a motion?

If you have a family and if you want to get a divorce then you better get familiarized with family court motions. Motions take a tremendous amount of work to prepare them. They are very expensive. Moreover, motions kill many trees each and every year. There is an endless amount of different types of motions. The different types of notions are:

* Motions for pendente lite support;

* Motion to increase/decrease child support;

* Motions to increase/reduce alimony:

* Motions to compel the payment of college costs;

* Motions to enforce parenting time; and

* Motions to enforce litigant’s rights, etc.

The list could on and on. If you choose to get a divorce then you will have to live with motions.

If a motion has disputed issues of fact and if the judge simply needs more information then he will schedule a plenary hearing. Plenary hearings are constantly adjourned and they also cost big bucks to litigate. The typical legal fees to prepare and argue a motion range from $1,000 to $3,000 or more.

Motions are very time consuming and they are very tedious work. In almost every type of family court motion you are required to attach a new Case Information Statement or CIS. CIS forms are utterly miserable to complete. I wish I could tell you that filing motions was enjoyable, and a more streamlined and efficient process but it is not. It is quite astonishing as to how much paper work has to filed simply to have child support calculated, to compelyour husband to pay his child support, to try to emancipate your child, or to reduce alimony. Another nasty part of the motion process is that the lawyers constantly try to have the losing party pay counsel fees. In the majority of the cases, your ex-spouse’s lawyer will always pad his bills to try to clean you out.

If the court grants a counsel fee application then you will be required to pay your ex-spouse’s legal fees. This is truly a nightmare scenario, and I have seen many of my client’s have an emotional breakdown when they are court ordered to pay thousands of dollars of for their ex-spouse’s lawyer fees. In closing, the motion process requires an excessive amount of legal paperwork. The ever present threat of being required to pay for your ex-spouse’s legal fees is always lurking. Therefore, if you choose to file a motion, then it should always be prepared diligently and completely.

7. I finally getting divorced. Should I pursue a standard divorce case or should I try mediation?

Whenever you finally decide to take the plunge and get a divorce, then you must then decide what type of strategy you will take. Do you want to have a Rambo style divorce, with big buck litigators, who charge $400 per hour. Alternatively, do you want to try mediation before you file your divorce case. The common sense approach is to be separated for at least six months, and then file for a divorce. You should not file your divorce with the goal to try to ruin your husband or wife. You should go into your divorce with the attitude of “I will hope for the best, but expect the worst.”

The new rage in the divorce world is called mediation. However, in my professional opinion mediation is very overrated. Additionally, most mediators charge a small fortune. If you choose to pursue mediation then you will have to pay for two sets of lawyers and for the mediator legal fees as well. Mediators don’t work for free, and they frequently stop working on the case if their bills are not paid. It is important to note that if you file a standard divorce case, then the court system will provide mediation as part of the process. If the parties can’t settle their case after the ESP court date, then they must participate in a court ordered mediation program. The appointed mediator must provide the first two hours at no cost. However, in my experience the typical mediation legal bill is several thousand of dollars.

In some cases the mediation process works great. In other cases I have seen that it is not productive at all, and it simply costs the parties’ thousands of dollars of extra litigation costs. The bottom line is that if the parties don’t go into a mediation with the mind set to try to reach a settlement, then no mediator will be useful to them. In closing, some mediators are wizards and they can help the parties’ settle their case. Alternatively, mediation can also be a waste of time, if the parties are intransigent, and if they don’t negotiate in good faith.

8. What happens if I can work out an agreement with my souse, or if the mediation process fails?

If you and your spouse simply can’t work out an agreement, then you will be required to have a trial. Having a divorce trial is a great way to go bankrupt. There is a tremendous amount of time and effort that goes into preparing for a divorce trial. Moreover, most trial dates are adjourned at least least three or more times. Finally, trials are never conducted on a continuous basis. Usually, you only have about four to six hours of trial time per day. For the rest of the court day the judge has to attend to his other cases and emergent matters.

You also may be required to call an expert witness at your trial. You case may require the testimony of an appraiser, an employment expert, a forensic accountant, or a police officer if there is domestic violence involved. These witnesses don’t testify for free and you will have to pay them. Finally, there is a sizable amount of politics in the family court system. I can’t really discuss this issue in depth. However, this could be a factor in many divorce cases.