Most people going through separation and divorce are concerned about getting their fair share. What advice would you give them?
Financial Issues
What are the most common errors when dividing a pension during divorce?
In dividing pensions I think the first place to look is whether or not the recipient spouse is in pay status or not. If the recipient spouse is in pay status, in other words they’re already receiving their monthly or quarterly, or periodical benefit, however it’s paid. Then it’s just a function of figuring out […]
How can a spouse discover hidden assets?
Well, in the two states that I practice in, there is a duty of disclosure and the law has evolved over the years going back to the earlier chapters in my family law practice. You had to make an affirmative demand for information from the opposing spouse in a divorce or dissolution, in order to […]
How do you know if an asset is community or separate?
There are a number of presumptions that help us. Presumptions are a feature of law that if you prove underlying facts you get the benefit of presumed facts. In California and Nevada there are presumptions of title. If property is held and titled by a husband and wife as community property, it is presumed that […]
Regarding property division is there any advantage of moving from California to Nevada or vice versa before filing for divorce?
There certainly are differences in the legal systems between California and Nevada even though they are both community property states. And those differences may favour one spouse on one issue versus another spouse in another issue. I want to make clear that a spouse residing in either of those states is not in and of […]
What’s the difference between an equitable distribution state and a community property state?
Both California and Nevada, like most of the western United States are community property states, California has some exceptions. California compels an equal division of community property. Nevada on the other hand favours an equal division of community property, but will allow for an unequal division if the appropriate legal standards are met. That is […]
If a new partner moves in with the primary custodial parent, does the other parent still pay spousal and child support?
They would have to still pay child support because child support belongs to the child, it does not belong to the parent. So that obligation does not change but spousal support, yes, can change. In New Jersey we do have an anti-cohabitation statute that does affect that, and in New Jersey, your former spouse to […]
Can someone declare spousal support as child support to save on taxes?
If you’re looking to save on taxes, child support is not taxable or tax deductible. In other words, alimony is paid out of your gross income.
How does a judge determine if someone qualifies for alimony in New Jersey?
Both spousal support and alimony are both terms that we use to really say the same thing. In New Jersey we have four types of alimony; we have open-duration alimony and open-duration alimony was previously known as permanent alimony, we have limited-duration alimony, rehabilitative alimony and reimbursement alimony. Open-duration alimony and limited-duration alimony are the […]
Determining Child Support Amount and Duration In New Jersey
How do you determine the child support amount and duration of child support in New Jersey? Read on to find out what factors are involved.
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