Divorce & Family Law
Family Law and COVID-19: Legal Custody and Parenting Time
Posted in Divorce & Family Law
Legal custody is the hallmark of co-parenting. Both parents should confer and attempt to agree on issues pertaining their child’s health, safety, education, and welfare, all in the name of their child’s best interests. The decisions you and the other parent make about your child during this coronavirus pandemic may… Continue reading
What Income is Used to Determine Alimony & Child Support in New Jersey?
Posted in Divorce & Family Law
The fairness of the calculation of alimony and child support depends on the accuracy of both party’s respective incomes. Both alimony and child support are calculated using each party’s gross income. Gross income may include income from the following sources:
Colleges & Children: What’s a Divorced Parent to Do?
Posted in Divorce & Family Law
It’s college application time and parents across the state are praying for the essay fairy to arrive and save them. Having gone through it twice, I am sympathetic to all of those who are now going through what is a rite of indoctrination in parenting. Then, just when you think… Continue reading
Shareholder Certified as a Family Law Arbitrator by the American Academy of Matrimonial Lawyers
Posted in Divorce & Family Law, Stark News
Stark & Stark Shareholder, John S. Eory, Esq., Co-Chair of the firm’s Family Law Group, has been certified as a family law arbitrator by the American Academy of Matrimonial Lawyers (AAML). “Arbitration is a great courtroom alternative for those litigants who are unable to resolve their cases in mediation” says Lynn… Continue reading
Parental Relocation in New Jersey Reconsidered
Posted in Divorce & Family Law, Stark News
Stark & Stark Shareholder John Eory, member of the firm’s Divorce Group, authored the article “Parental Relocation Reconsidered,” which was published on June 8, 2015, by the New Jersey Law Journal. The article discusses the case of Baures v. Lewis and the issue of parental relocation in New Jersey. Parental relocation… Continue reading
How Does a Bonus Factor into Alimony?
Posted in Divorce & Family Law, Stark News
Stark & Stark Shareholder Maria Imbalzano, member of the firm’s Divorce Group, authored the article “How Does a Bonus Factor into Alimony?,” which was published on May 27, 2015 by the U.S.1 Newspaper. The article discusses the different types of incomes that may be looked at when calculating alimony payments, and Maria mentions that… Continue reading
Permanent Alimony vs. Open Durational Alimony
Posted in Divorce & Family Law
The new alimony law that was recently passed on September 10, 2014, changed one of the types of alimony from “permanent” to “open durational.” It was really just a change in semantics. Permanent alimony was never meant to be “lifetime” alimony as many clients called it. Under our previous law,… Continue reading
Alimony and Cohabitation in Pennsylvania
Posted in Divorce & Family Law
The law in Pennsylvania states that no spouse is entitled to receive an award of alimony where the spouse, subsequent to the divorce pursuant to which the alimony is being sought, has entered into cohabitation with a person of the opposite sex who is not a member of the spouse’s family within the degrees of consanguinity. Cohabitation can be shown according to the Pennsylvania Superior Court “by evidence of financial, social, and sexual interdependence, by a sharing of the same residence, and by other means.” Moran v. Moran, 839 A.2d 1091, (Pa. Super. 2003). Continue reading
Alternatives to Legal Separation in New Jersey
Posted in Divorce & Family Law
New Jersey does not have legislation sanctioning a “legal separation” for a married couple wishing to separate but not file for divorce. However, there are two procedures which may aid in dealing with the parties’ issues, short of filing for divorce. One proceeding is to file a Complaint for Separate Maintenance. Continue reading
Is a Disabled Spouse Entitled to Permanent Alimony?
Posted in Divorce & Family Law
In a recent case, (J.E.V. v. K.V.), an issue arose as to whether a spouse with a history of mental and emotional problems is entitled to permanent alimony. As in any case, the specific facts lead to the ruling, and in this particular case, the court held that the wife, who had bipolar disorder, was only entitled to limited duration alimony for a term of ten years. Continue reading