Category: Alimony

Be Aware of the Implications of Getting a New Job While Divorcing in NJ

An Experienced Divorce Lawyer Will Navigate the Pros and Cons of Getting a New Job in Monmouth and Ocean County, New Jersey

Changing Jobs While Engaged in a New Jersey DivorceThere’s no doubt about it; the process of divorce is a draining one. Not only can it drain your finances, but it also can have an adverse effect on your emotional and mental health. Even physical repercussions can take their toll due to loss of sleep and tension. So could it even be considered possible to add one transition to another by starting a new job or career during the process of reaching a divorce settlement? And even if it feels energetically possible, is it legal, and what effects would it have on the divorce process in New Jersey? Read on to learn more about changing jobs during divorce, and what its impacts are.

It is Possible to Change Your Job During a Divorce, but Take the Time to Consider the Implications

The technical answer is yes, you can change your job while in the middle of a divorce proceeding. Whether it’s a suitable option for you, however, depends on a number of factors. There are definite benefits to switching professional ships during a divorce; and, on the other hand, there are some potentially costly drawbacks. If you’re considering changing careers or jobs at this transitional time in your life, consider the following.

First, Let’s Take a Look at the Benefits of Having a New Job

There are some definite boons to a job change during the tumultuous transition between married and divorced. One of the primary upsides is that you can harness the energy of change in marital status to re-create yourself and align with a more authentic version of you that catapults you into a fulfilling future. While there is a lot of energy being zapped through multiple elements of the divorce, including often emotional engagement with your ex, financial stressors, disregulated children, and the fear of the unknown; such a time can be harnessed for your future benefit, including a more fulfilling job or a higher-paying gig.

Now, Let’s Consider the Disadvantages of Starting a New Job

Just as there are benefits to changing jobs during divorce, there are definite setbacks. One of the most obvious is the amount of energy that is required to navigate a divorce, and the limited amount that then leaves you with to make a good first impression in a new role. One key to successfully transitioning into a new job while undergoing divorce is to prioritize self-care and sleep during this important time. A new job could mean more time available to spend with your child, which will be looked upon favorably by the Superior Court judge in the case of litigation and your ex in the case of out-of-court settlement. Any additional finances through a new income may be considered as marital assets before the divorce is finalized, so your spouse, their lawyer, or a judge may require a more in-depth review of your finances, extending the settlement or litigation process and costing you in the meantime.

Additionally, there is a risk that, if you opt to switch to a career that provides a lower salary, the judge may consider this move an attempt to shirk your responsibilities as parent or ex-spouse when it comes to child support and alimony payment. More about that now.

How New Salary Conditions Impact Alimony and Child Support in NJ

Advantages and Disadvantages of Changing Jobs in the Middle of Divorce in Ocean County, NJIf you opt to take a job that pays a higher salary, your new income may trigger augmented spousal support and/or child support payment. On the flip side, if you move to a job with a lower salary, the court may still require that your former income be utilized to calculate your spousal and child support responsibilities.

Child Custody and Visitation Time Can Also be Affected by Switching Jobs

The court will take into consideration all elements of each spouse’s living circumstances before and during the divorce process to determine what is in the best interests of the child in the divorce, which is the central focus of the Superior Court. As such, your new income, location, work hours, and availability for parenting time will all play a role in what custody award you receive and how much visitation you are allowed with your child. If you are moving into a new job during a divorce and have children, it’s essential that you take into account whether the new job will allow you ample time to attend school and extracurricular functions and spend regular time with your child on afternoons, weekends, holidays, and summer vacations.

If You are Considering Changing Jobs or Have Recently Accepted a New Position, Contact Our Brick Divorce and Family Lawyers Today

Having the support of a family lawyer is essential to any divorce, especially when there are fluid related elements such as a changing salary and professional role. If you are considering a new job or career while in the process of divorce in New Jersey, let us at Bronzino Law Firm guide your way to a smooth transition. We successfully represent clients in divorces, custody cases, post-divorce modification matters, and other related family law issues in Howell, Manchester, Belmar, Manalapan, Wall, Freehold, Red Bank, Point Pleasant, Eatontown other communities in Monmouth and Ocean County, and across Southern New Jersey.

Call our Brick or Sea Girt offices for free consultation today at (732) 812-3102, or complete our contact form. We look forward to being on your side in all elements of divorce.

Seeking Alimony Termination Based on Upcoming Retirement in New Jersey

New Jersey’s Alimony Reform Act of September 2014 Significantly Changed Alimony Conditions and Retirement Effects on Terminating It

Alimony Termination Using Prospective Retirement for Motions in NJAlimony reform laws hit the books in September of 2014 in New Jersey, attempting to make alimony determinations fairer across the board. Before the reforms, a judge could award permanent, durational, rehabilitative, or reimbursement as spousal support. However, after Governor Christie signed Bill A-845 into law, the circumstances under which a payor could modify alimony and the impact of unemployment, cohabitation, and retirement on modifications changed. Also, some of the reform measures were time limits for the alimony period in open durational alimony awards.

The experienced alimony lawyers at Bronzino Law Firm can answer your questions and concerns about retirement and other factors that affect alimony in New Jersey. Call our offices in Brick or Sea Girt at (732) 812-3102 or connect with us online for a free consultation.

Before and After Alimony Reform in NJ

Before the reform, though rare, permanent alimony was based on a judge’s discretion, and the basis for the award was not clear by case law, so the courts lacked uniformity in their decisions regarding permanent alimony awards. After the reform, permanent alimony became open durational alimony. The typical permanent or open durational alimony award anticipates a stay-at-home parent who raised kids and did not work during 20 to 30 years of marriage. At the time of divorce, the parent who left the job market was unlikely ever to be employed to maintain or regain the marital lifestyle, especially if they were near retirement age. Open durational alimony has no termination date for the support order and applies to marriages longer than 20 years. Typically, courts ordered alimony for long-term marriages of 10 to 15 years to assist a spouse in becoming self-supporting. Today, the long-term or intermediate marriages are 20 years, and for marriages shorter than 20 years, the alimony duration rarely exceeds the length of the marriage.

Limited durational alimony is also distinct from permanent alimony, in that limited means alimony has a definite termination date. The other two types, rehabilitative and reimbursement alimonies, describe their purpose. The first is support for a spouse to become employable and self-supporting, perhaps with vocational rehabilitation or education. The alimony period is limited to the time it takes for lower-earning wage earners to support themselves. Reimbursement goes to the spouse that supported the other spouse while they built their career through school or training. Reimbursement is appropriate for those who supported a spouse while developing a career. However, the marriage did not last long enough for the supporting spouse to benefit from the other’s employment or the standard of living during the marriage was low due to the supportive spouse’s sole income. The criteria judges use to award alimony are laid out in N.J.S.A. 2A:34-23(b), and one of the defining factors is the standard of living the spouses maintained during the marriage. It measures or gauges the need for support. Thus, reimbursement makes sense when the standard of living was depressed due to one spouse’s devotion to building a career from which both spouses stood to gain had they stayed together.

Finally, pendente lite or temporary alimony is to maintain the status quo pending the final divorce judgment and a final alimony order. The court does not award temporary alimony on the factors used to award alimony in a final judgment, such as standard of living during the marriage, future earning potential of each spouse, marital property division, and special medical or other needs of each party. Thus, the legislature sought to clarify alimony orders other than pendente lite orders after the reform with limits and criteria for determining when those limits do not apply due to exceptional circumstances. The reform bill also allows judges to terminate or pause limited-duration alimony when the supported spouse is determined to be living with their significant other, or the supporting spouse is unemployed for three months or more. And finally, alimony presumptively ends when a payor spouse reaches retirement age at 67.

Courts Address Nearing Retirement for Motions to Terminate Alimony in New Jersey

Mueller v. Mueller

In Mueller v. Mueller, the court discussed the reform measure that allows the termination of alimony upon the paying spouse’s “prospective or actual retirement” (N.J.S.A. 2A:34-23(j)). The court ruled that a paying spouse could end spousal support on a future retirement date if there is detailed evidence of a retirement date and the means for the payer spouse’s support after retirement. So long as the retirement is imminent, the court can end alimony prospectively. In Mueller, the retirement was five years away, which was too far for the court to terminate alimony prospectively.

Mulholland v. Sweigart

In Mulholland v. Sweigart, however, the Appeals Court decided in 2022 to apply the alimony reform terms to a pre-reform divorce. The divorce judgment included permanent alimony based on annual salaries, $35,000.00 for the wife and $416,000.00 for the husband. Husband sought to terminate alimony given his retirement after selling his business. Initially, the trial court denied his motion without specific sale plans for the company. The following year, he filed another motion alleging that he was retiring on a particular date, at 68 years, given his age, reduced work hours and salary to transfer the workload and financial gains to his employees over the years. He also alleged that he had a business sale closing date. However, the sale never occurred, and the ex-wife opposed the motion. She asserted that the husband represented that he would work until he died (contrary to his assertion that his ex-wife knew he would retire) and that the sale was a sham transfer to an employee who was his right hand man. The court denied the motion as the sale was speculative and told the husband to come back when it was complete.

Handling Alimony Termination in Ocean County, New JerseyThe husband filed a motion to reconsider the ruling, which the court also denied. Reconsideration motions arise when a change of circumstances warrants the court to change the decision, but the court ruled that there was no change of circumstances. The husband alleged that he could not sell his business and lose his income if he did not know where the court stood regarding alimony. The Appellate Court reversed the trial court’s decision stating that the lower court ignored the language in N.J.S.A. 2A:34-23(j)(3) that allows modification or termination of alimony based on the prospective or actual retirement of the payor. According to the appellate court, the trial court erred in only considering the actual and not the prospective retirement.

The court discussed the type of marriage under consideration, as older adults divorce after long-term marriages, maybe only several years from the retirement of one or both parties. Long-term marriages were permanent alimony cases, but permanent is not accurate since a change of circumstances always merited a trip back to court for a modification. Loss of income, retirement, disability, and cohabitation have always been changes of circumstances warranting an alimony modification. The implications for divorces are clear. The ex-wife in Mulholland complained that she would never have agreed to the alimony terms in the property settlement agreement had she known the agreement would only last for seven years. Thus, agreements regarding open duration alimony may be illusory, given older adults are nearing retirement age.

An Attorney Can Help You Deal with Future Retirement Concerns during and after Divorce

Attorneys drafting marital agreements in a divorce must beware of the spouses nearing that 67 age marker when drafting settlement documents. For instance, an experienced divorce lawyer may advise a client in need of support to negotiate more property in the division of assets rather than rely on support from a soon-to-be-retired spouse. Other creative solutions to avoid the alimony modification based on change of circumstances and retirement may also be available, whether it involves retirement funds and benefits, unvested stock options, businesses, or homes and investment properties. When you face divorce in a long-term marriage, it is paramount to retain a divorce lawyer with vast knowledge and experience in alimony reform and its influence on divorcing couples nearing retirement.

Facing Alimony after a Long-term Marriage? Contact Our Seasoned Ocean NJ Divorce Lawyer

At Bronzino Law Firm we are intimately familiar with alimony issues pre and post-retirement, including how to reach the best agreements and right solutions for our clients, seeking alimony termination based on retirement, and addressing future retirement concerns during the divorce process and thereafter. For help and further guidance about your particular situation, contact our divorce and alimony lawyers in Middletown, Brick, Wall Township, Ocean Township, Lacey, Rumson, Bay Head, Colts Neck, and elsewhere in Ocean and Monmouth County at (732) 812-3102 or online. We are pleased to offer free initial consultations.

With local offices in Brick and Sea Girt NJ, we can also set up an appointment to meet with you at our office nearest you. Simply reach out today to get started.

Not Mandatory but Highly Advisable to Have Legal Counsel for Your Palimony Case

A Skilled Lawyer from Our Legal Team Can Help you Deal With the Financial Aspects of Ending a Long-term Relationship.

Is a Lawyer Required to Handle a Palimony Agreement in New Jersey?If you are living with a long-term partner, but are unmarried, and thinking about the future, you may have heard of the term “palimony”. Palimony is not an official legal term, but it refers to monetary support that is paid by one partner in a long-term, unmarried relationship to the other partner during their relationship or after the relationship ends.

While “palimony” gets its name from a play on the word “alimony”, it is fundamentally different from alimony in several ways. New Jersey law has also changed in the last decade in respect to the legal requirements surrounding palimony agreements.

In this article, we will explore the basics and nuances of New Jersey law on palimony, so you can make an informed decision about whether it might be the right option for you and your partner, and why having a lawyer handling your agreement can be extremely advantageous for preserving your interests in the future.

Understanding Palimony and its Legal Conditions in New Jersey

The term “palimony” refers to a contractual agreement by two long-term domestic partners for support payments and property division between the partners during the relationship or if and when the relationship ends. It can be thought of as a kind of prenuptial agreement between two people; only they are unmarried.

Under New Jersey law, unmarried, cohabitating people do not have the same legal rights as those who are married or in a civil union. Whereas, in a divorce proceeding of a married couple, a spouse may ask the court to award them alimony or spousal support from the higher income earning spouse, unmarried couples do not have a legal right to financial support after the end of their relationship without an enforceable, contractual agreement.

Prior to 2010, this agreement, known colloquially as a palimony agreement, could be written or oral. However, in 2010, the New Jersey Legislature amended the state’s Statute of Frauds to include palimony agreements. The Statute of Frauds lists the type of contracts that must be in writing to be enforceable. When including palimony as one of those types of agreements, the Legislature also set forth certain additional conditions of a valid and enforceable palimony agreement.

Under the amended law, agreements between non-marital partners for financial support and other consideration during or after the end of the relationship could no longer be oral. The law required that these agreements be in writing, signed by the party in which it will be enforced against, and that each party receive independent legal counsel when entering into the agreement. However, the last requirement for independent legal counsel has since been removed by the New Jersey Supreme Court. This change is discussed in further detail below.

Written vs Oral Palimony Application Retroactively

The New Jersey Supreme Court held in Maeker v. Ross that the amended Statute of Frauds, requiring palimony agreements to be in writing, does not apply retroactively to oral palimony agreements that were entered into before 2010, when New Jersey recognized oral palimony agreements as enforceable.

In Maeker v. Ross, a couple that had cohabitated for many years and entered into an oral palimony agreement prior to the change in law in 2010 separated in 2011. The court enforced the oral palimony agreement, finding that the couple was not required to anticipate that the Legislature might later require that such agreements be in writing. Therefore, the court found that the writing requirement did not apply retroactively to agreements created before the law was amended.

Is a Lawyer’s Participation Mandatory for a Valid Palimony Agreement in NJ?

Independent Counsel Review for Palimony Agreements in NJWhile it is still wise to seek the advice of a lawyer prior to entering into a palimony agreement, whether you are the party who will be providing or receiving support, a lawyer is not required to approve a palimony agreement based on the New Jersey Supreme Court’s ruling in Moynihan v. Lynch.

In this case, the court found that the requirement for each party to have independent legal counsel violated the parties constitutional rights to enter into an agreement. Furthermore, the court noted that no other contractual agreement legally required the advice of counsel in order to be enforceable.

Benefits of Having an Experienced Palimony Lawyer on Your Side

Even though you are not required to have an attorney help you execute a palimony agreement, retaining legal counsel to draft or review your agreement can help you to ensure that the terms of the palimony agreement will protect you. If you are the party who may potentially provide support to your current or then-former partner, it is important to make sure that the terms of the agreement are ones that you can realistically fulfill and will not be harmful to your other legal and financial interests.

If you are the party who may be receiving support pursuant to a palimony agreement, you must understand the implications of the agreement you are signing and its potential impact on your financial choices before it is ever enforced. If you are in a long term, cohabitation relationship, it is important to think about and plan for the future needs of each partner. Contact our team of skilled and experienced attorneys today to discuss how we can assist with all aspects of your palimony case.

Contact Our Palimony Lawyers to Ensure Your Interests are Preserved in Toms River, NJ

As cohabitation has grown in popularity, it has raised a variety of problems about spousal support. Palimony is still a developing legal term, but a proactive divorce lawyer from our firm will be able to demonstrate its relevance. When you’re in a relationship that could lead to palimony after the relationship ends—whether or not you have a written commitment of support—it’s crucial to speak with an attorney to learn about the laws surrounding palimony.

If you or a loved one has been in a long-term relationship in New Jersey without being legally married and is seeking or agreeing to palimony after the relationship ends, you should contact the attorneys at The Bronzino Law Firm. We serve areas such as Little Egg Harbor, Barnegat, Rumson, Lacey, Colts Neck, Long Beach Township, and Eatontown in Monmouth and Ocean Counties and South New Jersey. Call (732) 812-3102 or contact us online for a free consultation to discuss your personal circumstances and how our firm can help.

Married for More Than 20 Years? This Type of Alimony May Apply to You

New Jersey replaced permanent alimony with open durational alimony, which can last for different periods of time depending on the specific case.

Analyzing Open Durational Alimony as an Option in New JerseyAlimony refers to payments of support made by one spouse to another by court order following a divorce or dissolution of a civil union. The purpose of alimony is to support a spouse who was financially dependent on the other during the marriage.

Under New Jersey law, there are four types of alimony: open durational alimony, rehabilitative alimony, limited duration alimony, and reimbursement alimony. This article will explore the basics of and most commonly asked questions about open durational alimony.

What is Open Durational Alimony?

Open durational alimony refers to an alimony arrangement under New Jersey law available when the couple was married for at least 20 years. There is no fixed end date for this type of alimony besides the payor reaching retirement age. Open durational alimony will not end until the court terminates the alimony, the parties agree to terminate the alimony, or the payor reaches retirement age (with some exceptions). It is only awarded in specific circumstances.

Open durational alimony was created in New Jersey’s new alimony law which passed on September 10, 2014. It replaced “permanent” alimony with some key differences described below.

Is Open Durational Alimony Permanent?

Open durational alimony is not permanent. It was created to replace and do away with “permanent” alimony under New Jersey law. In the past, permanent alimony was commonly awarded upon divorce. However, in recent years, it was only ordered if the court believed it was unlikely that the supported spouse would ever be able to support themselves at the same standard of living they had during the marriage.

The creation of open durational alimony continued the feature of no fixed end date for support payments to a spouse, making it often the longest lasting type of alimony awarded.However, the replacement of permanent alimony with open durational alimony also added some significant limitations, including that this type of support can only be awarded in marriages that lasted for 20 years or longer.

Furthermore, open durational alimony generally ends when the paying spouse reaches retirement age, though this is a presumption that can be rebutted by the supported spouse.

How Long Do You Need to be Married to be Eligible for Open Durational Alimony?

To be eligible for open durational alimony, the parties must have been married to each other for at least 20 years. Under New Jersey law, if a marriage lasted less than 20 years, then the duration of alimony cannot exceed the length of the marriage unless exceptional circumstances apply.

How Long Does Open Durational Alimony Last?

Open durational alimony lasts from the time the order is issued until the payor becomes eligible for full-time retirement benefits from Social Security. Currently, the age of eligibility is 67. In certain circumstances, the term of open durational alimony can be shortened or extended by the court or by agreement of the parties.

Can the Court Vary the Termination Date for Open Durational Alimony?

The court can terminate open durational alimony before the payor reaches the age of retirement or extend the support order past retirement if the petitioning spouse can demonstrate that such an order would be proper given the circumstances. Under New Jersey law, there is a presumption that open durational alimony will continue until the age of retirement. Therefore, it is the burden of the payor to overcome this presumption to terminate alimony before that time and the burden of the supported spouse to overcome this presumption to extend the length of alimony past retirement age.

If the payor retires before the age of Social Security benefit eligibility, they may petition the court to terminate the open durational alimony by proving termination is proper based on factors including but not limited to:

  •  The age of the parties
  • The average age of retirement in payor’s field
  • Expectations of parties about retirement age during the marriage
  • Ability of payor to maintain support payments
  • Supported spouse’s financial situation and independence
  • Can Open Durational Alimony Continue After Retirement?

Open Durational Alimony Lawyers in Rumson NJIf the payor has reached retirement age, but the supported spouse petitions to extend the open durational alimony, the supporting spouse must overcome the presumption of termination by demonstrating to the court that the circumstances warrant continuing support. These factors may include:

  • Supported spouse has not yet reached the age of retirement
  • Supported spouse is not financially independent
  • Supported spouse’s income is very low
  • Payor is financially able to continue support payments

If the supported spouse demonstrates to the court that a continuation of support is proper, the court may continue the alimony after the payor’s retirement.

How Can a Lawyer Assist Me With Open Durational Alimony in My Divorce in New Jersey?

An order for open durational alimony typically results in a high amount of alimony paid overall during the term of support. Therefore, if eligible, a supported spouse can greatly benefit from this type of alimony compared to rehabilitative alimony, limited duration alimony, or reimbursement alimony. Conversely, an award for open durational alimony will often be more burdensome to the paying spouse.

Whether you believe you may be eligible and entitled to receive open durational alimony or potentially liable to make such payments to your spouse after a divorce, it is important to seek the advice of an experienced and knowledgeable family lawyer in Sea Girt, Monmouth Beach, Red Bank, Manalapan, Marlboro, Beach Haven, Toms River, Little Egg Harbor, Holmdel, and across the Jersey Shore.

While some eligibility requirements for open durational alimony are established by statute under New Jersey law, there are many factors unique to the circumstances of the spouses involved. It is crucial to understand these factors and how they may apply to your case so that you can craft a persuasive argument that best serves your interests.

Our team of experienced divorce lawyers at Bronzino Law Firm would be happy to set up a free consultation to speak with you about your case. Please contact us today at (732) 812-3102  or fill out our online intake form for more information.

Considerations for Reimbursement Alimony in Ocean County, NJ

Determining if Reimbursement Alimony is Right for You in Toms River, Lavallette, Point Pleasant, Beach Haven, and Seaside Heights

Key Information to Understand Reimbursement Alimony in New JerseyOf the many agreements that are decided upon in a New Jersey divorce, determination of alimony is one. There are multiple types of alimony: pendente lite alimony, rehabilitative alimony, reimbursement alimony, and long-term alimony. Read on to learn more about one specific type of spousal support, reimbursement alimony.

Reimbursement Alimony Definition

Reimbursement alimony is a type of spousal support that is paid by a partner who, during the course of the marriage, received financial or other support from the other in order to further their educational studies and attain an advanced degree, such as a law degree, medical degree, masters degree, or doctorate. Although it is not commonly used, reimbursement alimony can help the stay-at-home or supporter spouses receive compensation while the other spouse pursued an academic degree. For example, if one partner enrolls in law school during the marriage and the other either pays part of their tuition or is the primary breadwinner while the other studies, they may be required to pay reimbursement alimony for the support their spouse provided.

In some states, advanced degrees that are obtained during the course of the marriage are considered marital assets, appraised in value, and subject to equitable distribution between spouses. In New Jersey, however, because advanced degrees obtained during the marriage are not considered assets, the spouse who obtained the degree at the financial and energetic expense of the other spouse must pay reimbursement alimony.

The Intention Behind Reimbursement Alimony Payments

The purpose of reimbursement alimony is to provide a repayment for financial and other support offered during one spouse’s pursuance of an advanced title during the marriage. Because such an endeavor likely had financial, time, and energetic repercussions for the other spouse, their receipt of reimbursement alimony returns the ‘debt.’

How Often is Reimbursement Alimony Awarded?

The circumstances of a marriage that would lead to one spouse paying the other reimbursement alimony as part of the divorce settlement vary. That said, reimbursement alimony is much less common today than it used to be. Why? Well, these days, there are a number of federal financial supports that allow a person to pursue an advanced degree. One example of this is federal student loans. Generally, the student takes out a student loan in their own name; therefore, their spouse does not have to bear the financial burden of covering tuition. Equally, because of the technological capacities of the day that allow for distance learning and online work, married students are able to contribute to the marital income while pursuing an advanced degree.

Calculating Reimbursement Alimony

Reimbursement alimony is very much like a payback. As such, in order to calculate it, one must consider the tuition payments, educational resources and travel support, and household expenses that the other spouse contributed during the course of the studies. While most types of alimony end after a certain period of time, reimbursement alimony is completed when the expenses paid by the breadwinning spouse are reimbursed.

The Mahoney v. Mahoney Case

Mahoney v. Mahoney (1982) set the precedent that in New Jersey, an advanced degree obtained during the course of the marriage is not considered a marital asset and is therefore not subject to equitable distribution during divorce. Through Mahoney v. Mahoney, reimbursement alimony became the means through which the financial contribution of one partner to the other’s educational pursuits would be financially repaid without an appraisal of the degree’s value being necessary.

Can Reimbursement Alimony be Given with Other Forms of Spousal Support?

Reimbursement Alimony Lawyers in Toms River NJ Reimbursement alimony can be combined with other types of alimony. Because reimbursement alimony is much like a payback, it can absolutely be combined with other spousal support payments if they are applicable. Because obtaining an advanced degree usually leads to more prosperous professional opportunities, spouses who have received this type of support during marriage are often financially secure and do not require spousal support. This, however, depends entirely on the circumstances surrounding the marriage and each party’s professional status.

A Forked River, NJ Alimony Lawyer will Counsel on Reimbursement Alimony Options and Solutions

If you are in the process of getting a divorce, and you have provided your ex with financial support during their advanced studies during the marriage or they have financially supported you, it is important to seek the advice of an alimony lawyer to determine how to correctly calculate necessary reimbursement for advanced studies, so that you end up with your fair share.  At Bronzino Law Firm, our lawyers’ experience and familiarity with New Jersey divorce law will provide an invaluable resource when facing important alimony decisions on the road ahead.

Have you provided or received support regarding participation in advanced studies during your marriage and are now proceeding with a divorce settlement? We’ve successfully represented clients across Ocean Township, Middletown, Beach Haven, Manalapan, Freehold, Monmouth County, Ocean County, and along the Jersey Shore in all matters of divorce including reimbursement alimony.

Contact us at (732) 812-3102 for a free consultation to discuss your divorce case and spousal support concerns today.

Benefits of Rehabilitative Alimony for Spouses Seeking Financial Independence after Divorce in NJ

Rehabilitative alimony may apply when the financially dependent spouse needs support from the breadwinner to expand their education or work-related skills for entering into the workforce.

Purpose of Rehabilitative Alimony in New JerseyIn a New Jersey divorce, one spouse is often ordered by the Court to provide spousal support to the other for one of various reasons. One such agreement is called rehabilitative alimony. Read on to learn more about rehabilitative alimony and the instances in which it is often ordered.

Rehabilitative Alimony in New Jersey

Rehabilitative alimony is a type of financial support that a divorcing spouse is required to pay the other to support their financial needs while they transition from a married partner to a single person in the workforce. It is a temporary form of spousal support that often covers short-term living expenses, additional education, and/or training the recipient needs to earn a sufficient amount to provide for themselves.

Main Purpose of Rehabilitative Alimony in NJ

As a temporary form of financial support, rehabilitative alimony is ordered to be paid specifically for the benefit of the recipient while they prepare themselves to return to the workforce. It is often ordered to be paid to those who were a homemaker during the marriage or those who opted to forego a career in service of raising the couple’s children as a stay-at-home parent. Rehabilitative alimony is specifically to be used for aspects of the person’s post-marriage life that directly support their re-entry into the workforce. This includes housing expenses and continuing education or job-specific training.

For Whom is Rehabilitative Alimony an Option?

Rehabilitative alimony may be available to a spouse who has been the non-breadwinning member of the couple and has not been working and is therefore unable to maintain their standard of living after the divorce. This type of alimony exists for partners who have a plan of action for how they intend to re-enter the workforce and what specific steps they will take to reincorporate.

Possible Uses for Rehabilitative Alimony

A spouse who has a plan of action for how to re-enter the workforce may use rehabilitative alimony to go back to school, be it getting their GED or enrolling in a university, community college, or trade school. One may also use rehabilitative alimony toward obtaining a professional certificate or professional license. Rehabilitative alimony may also be used to cover living expenses while one is obtaining training or interning in a certain professional field. A person who offers the Court a plan of action towards a specific measurable goal in service of returning to the workforce will likely be temporarily granted rehabilitative alimony. The alimony will be stopped once this plan has been completed and the person is reintegrated into a stable form of income generation.

Rehabilitative Alimony in Addition to Other Types of Alimony

Because different types of alimony are situation-specific, it is possible for multiple spousal support requirements to be awarded in a single New Jersey divorce. Rehabilitative alimony is specifically issued for the reintegration of a spouse into the workforce; as noted above, it includes a specific plan of action towards the meeting of professional goals and ends with their completion. If a spouse needs immediate financial support to cover the costs of the divorce, as in the case of the Pendente Lite alimony order; or if other circumstances regarding the length of the marriage, age, and health of the spouse make a short- or long-term spousal support arrangement appropriate, the Court may order it in addition to the rehabilitative alimony payments.

Seeking Rehabilitative Alimony in Monmouth County NJRehabilitative Alimony Expiration Time

Rehabilitative alimony doesn’t have a set amount of time for which it is required. Instead, the specific spousal support is active until the recipient has met the goals outlined in the professional plan of action that accompanies the rehabilitative alimony order. Alternatively, an order for rehabilitative alimony payments can be terminated if the recipient is not actively making strides to reincorporate into the workforce through education and training opportunities.

How can a lawyer help me if I am the spouse requesting Rehabilitative Alimony, or if I am facing a spouse who is requesting it?

If you need financial support while you are moving back into the workforce after being a stay-at-home spouse, a family lawyer can provide essential support. Your divorce attorney will help you file a motion with the Court for rehabilitative alimony, facilitate your gathering of proof of your financial necessity, as well as support you in drawing up a detailed plan of action that is measurable and can be reviewed by the Court as your professional ventures progress. On the other hand, if you have a spouse who is requesting rehabilitative spousal support, your divorce lawyer will assist with ensuring that your spouse is actually in legitimate financial need as outlined in their proof and plan; and that their plan of action is tight and measurable.

Discuss How Rehabilitative Alimony Applies to Your Divorce Case in Freehold NJ

Are you or your spouse filing for rehabilitative alimony? Our team is on your side. At Bronzino Law Firm, LLC, we understand how important your financial stability, independence, and long-term plans are following a divorce. Contact us at (732) 812-3102 for a free consultation to discuss your individual situation and how our skilled alimony and divorce lawyers can aid you in the divorce process. We have a history of successfully representing New Jersey clients in Sea Girt, Red Bank, Middletown, Manchester, Lacey, Freehold, Ocean Township, Holmdel, and Ocean and Monmouth Counties towns in making sure financial justice is served in a divorce.

What Happens with Alimony when You do Your Taxes in NJ?

Examining the Taxation Ramifications for Alimony Payers and Recipients in Mantoloking, Rumson, Beach Haven, Sea Girt, Spring Lake, and Nearby Towns

Managing Alimony and Taxes in New JerseyIf you are getting a divorce, chances are alimony is at the top of the list of concerns you have regarding the impending change in your relationship status. The purpose of alimony is to make the financial well-being of both parties as equitable as possible. Unfortunately, alimony is often a point of contention between couples who are parting ways, but that makes sense as anything money-related usually brings a kerfuffle. What makes it even more challenging is the recent change in the federal tax law put forth, titled Tax Cuts and Jobs Act of 2017, and signed into law on December 22, 2017, to take effect on January 1, 2019.

How To Determine the Taxation of Alimony in NJ

For federal taxes, if your divorce was finalized before January 1, 2019, the payor receives a tax break for paying the alimony, and the recipient pays taxes on what they are given. If your settlement were before that date, you would stay with the old law. The new law says there is no tax break for the person paying alimony, nor is alimony seen as taxable income.

When calculating New Jersey state taxes, the divorce agreement can be written in such a way as to make the alimony payments that are given nontaxable and the received alimony nondeductible by referring to it in another way. The divorce settlement must be clearly stated but not classified as spousal support or alimony. This is done by enacting a written agreement that says regular payments are not considered alimony for tax purposes. In that manner, the paying spouse does not claim a deduction, and the recipient does not report the money as earned income.

Is Alimony Considered Income in New Jersey?

Federal and state tax laws are frequently different, as is the case with New Jersey. Contrary to the Tax Cut and Jobs law, New Jersey’s alimony tax law has been consistent. Court-ordered alimony payments are tax-deductible for the person making them, and the person who receives the payments must submit them as taxable income.

Making Alimony Tax-Deductible

There are several ways to make alimony payments tax-deductible for the payer. The first condition is that you and your ex reside in different places. The second is that you both must file individual tax returns. Also, if the alimony payment is made in cash, by check, or by money order, the payment must be designated as alimony in the divorce agreement. Documents should label the payments as deductible by the payer and taxable to the recipient. Next, the payment cannot be labeled as child support or some property settlement. Also, the divorce settlement must stipulate that alimony payments cease when the recipient dies. The payer can stop making payments when the recipient marries again. Finally, front-loading is a no-no (paying a large sum in advance) as all payments must be made as scheduled.

NJ Tax Laws Recent Updates

Federal tax laws regarding alimony changed on December 22, 2017, when the Tax Cuts and Jobs law went into effect. It took effect on January 1, 2019. Divorces and separation agreements approved before that day were grandfathered in and weren’t affected by the changes. With the old law, the payer received a tax deduction for each alimony payment while the recipient paid taxes on the alimony because it was considered taxable income. The new law says that there is no tax deduction for the payer, and the recipient does not have to report the funds as income.

Alimony Tax Laws Effects on New Jersey Residents

Capable Family Lawyers Examining Taxes for Alimony Payments in New JerseyDue to the recent federal law change, many residents experience confusion around what is and is not tax-deductible. It now differs starkly from New Jersey tax laws, resulting in fines and audits. New Jersey tax laws require that alimony be claimed as income by the recipient. This is important when considering the amount of alimony to be paid. If Mrs. Bixby is receiving $13,000 in alimony and moves her up into the next tax bracket, she will pay more taxes and, instead of $13,000, will receive only $10,000 after taxes. She may encourage her divorce attorney to negotiate a higher alimony payment to make up for at least part of the tax loss.

Contact a Highly Capable Family Lawyer to Discuss Your Alimony Situation in Bayhead NJ

No one enjoys paying taxes, but what is worse is not delivering what you are supposed to and getting fined. Tax laws change frequently and can be highly confusing. The federal tax laws say one thing while the state laws go the opposite direction. It’s enough to give you a headache. Top that with alimony troubles, and it is almost too much to deal with. It would help if you had an excellent lawyer who could guide you through the divorce process, explain your alimony options, and discuss what that means financially.

If you are contemplating divorce and are concerned about paying or receiving alimony and the tax implications it would carry, your best opportunity at getting premium representation is from a lawyer who knows about alimony and relevant impacts on taxes. The Bronzino Law Firm can take your case and keep you on track by explaining your alimony options and the tax laws that would affect you. We have been committed to representing divorcing clients for many years, with continued attention to handling each client’s case in a personal, detailed manner.

It is never too early to start planning for your future. Moving on with your life may be difficult, but it may also be worth it. Contact the Bronzino Law Firm at (732) 812-3102 for your free confidential consultation or reach out to us online. We have worked side by side with clients throughout Ocean and Monmouth County and can assist you if you’ve decided it’s time to change your life with a divorce.

Discuss with Our Family Lawyers the Advantages of the Early Settlement Panel in a Divorce Process in NJ

Learn how an Early Settlement Panel can be a helpful tool for mediating a divorce in New Jersey.

Benefits of the Early Settlement Panel in New JerseyThe process of divorce in New Jersey is a taxing one. Couples who have a respectful relationship with one another are likely to move through the divorce proceedings – which in New Jersey include the equitable distribution of assets, determination of spousal support if required, child custody when children are involved in the divorce, and child support payments – fairly swiftly and without too much back-and-forth requiring expert facilitation. However, not every divorce is amicable. Medium- to high-conflict divorces can cause the proceedings to drag out for many additional months, exacerbating expenses, stress levels, and exhaustion.

For couples who are able to collaborate in a respectful way during divorce but have been unable to reach a divorce settlement alone, the Early Settlement Panel is a helpful strategy to reach an agreement without costly litigation. Explore with our Divorce & Family Lawyers what a Matrimonial Early Settlement Panel (ESP) is and how this process can be advantageous for your divorce.

The Early Settlement Panel Program in NJ

A couple that has reached a divorce settlement agreement through facilitation by their family law attorneys or another divorce mediator will present the settlement agreement to the Family Part Court for approval. If they have been unable to come to an agreement, the Court will refer them to an Early Settlement Panel for continued mediation in service of avoiding litigation.

Panelists include experienced family law attorneys. These lawyers work pro-bono to support the Court in helping couples reach a divorce settlement agreement without ending up in litigation.

Purpose of the NJ Matrimonial Early Settlement Process

As noted above, the Early Settlement Process is a Court-mandated divorce mediation process that attempts to support couples in coming to a divorce settlement without having to go into a lengthy litigation. The Early Settlement Panel process is mutually beneficial for couples and the Court because litigation backs up the availability of Court judges to attend to other important matters regarding the welfare of New Jersey citizens, including children.

Because couples who have been referred to the ESP program are required to participate, they can face financial penalties if they do not appear.

What Happens During an Early Settlement Panel?

As part of the earlier Court appearance, each party will have submitted a case information statement to the Family Part Court judge. This information is reviewed by the Early Settlement Program panel at the time of the hearing. In addition, each party is required to submit a memo that outlines where they stand on elements of the divorce agreement, including equitable distribution of assets and debts, child support, spousal support, and additional information that is appropriate to the specific case.

The panel reviews the information and recommends a divorce settlement. This recommendation carries their insights into the fair application of New Jersey divorce law and their interpretation of how the Superior Court: Family Part judge is likely to rule the case if it goes to litigation.

Types of Divorce Issues Handled by the Early Settlement Panel

The Early Settlement Panel addresses the financial elements of a divorce settlement. Many of the issues that arise in a couples’ divorce proceeding involve the equitable distribution of marital assets, the distribution of outstanding shared debts, child support payments, and spousal support payments. The experience of the family lawyers on their panel supports their recommendation of a fair arrangement that both parties are likely to consider viable.

Advantages of the Early Settlement Panel

Early Settlement Panel & Divorce Process Lawyers in Ocean County, NJOne primary advantage of presenting your divorce case before an Early Settlement Panel is that it provides an alternative to what will likely be a very costly and timely litigation. Couples who cannot reach an agreement regarding their divorce prior to being referred to an Early Settlement Panel have an opportunity to advantage the insight and experience of a group of skilled family lawyers who can interpret New Jersey’s equitable distribution laws fairly and provide a read on what the judge would likely rule if the case were to go to litigation.

Are Early Settlement Panel Recommendations Binding?

While couples are required to participate in an Early Settlement Panel mandated by the Family Court, the couple may decide whether to accept or reject the recommendations of the panel.

Steps After the ESP Recommendations

A couple who chooses to accept the Panel’s recommendations faces a very swift road to divorce. Often on the same day that the couple’s case goes before the Early Settlement Panel, the recommended settlement will be placed before a Family Part judge, at which point the judge will hear the evidence, and both parties will affirm under oath that they understand and agree to all elements of the settlement.

Are you going through a divorce and have been referred to the Early Settlement Panel? Contact a Divorce & Family Lawyer Serving Freehold, Toms River, and Surrounding Areas Today

Having the support of a skilled family lawyer makes all the difference when preparing for an Early Settlement Hearing. Because an ESP could be seen as a ‘practice round’ for litigation, the recommendations of the panel based on what you present will provide insight into how a divorce settlement is likely to play out, with or without your cooperation. Your family law attorney can help you prepare the documentation and memo you are required to submit to the panel and ensure that it is comprehensive.

At Bronzino Law Firm, we understand the importance of ensuring your terms are met in divorce while moving along the settlement process. We’d be happy to represent your best interests and those of your children. Our talented lawyers successfully represent clients across Lakewood, Tinton Falls, Toms River, Rumson, Howell, Freehold, Middletown, and towns throughout Monmouth and Ocean County to prepare them for an Early Settlement Panel. No matter what the case may be, whether the ultimate avenue is mediation or litigation for your divorce, our goal is to ensure that a viable settlement is reached in your case.

Contact us at (732) 812-3102  or access our online contact form to schedule a free consultation to discuss your case.

Mediation Offers Several Advantages You Can Discuss With an Experienced Mediation Lawyer in NJ

There are several benefits to mediation, whether it is voluntary or court-ordered.

Benefits of Mediation in the Resolution of Family Law Matters in NJMediation is consistently being chosen by couples seeking to divorce in a less combative and hostile manner. It consists of the couple and a mediator who will direct discussion around the critical points such as child custody, child support, alimony, and distribution of debts and assets. The mediator is usually familiar with family law and financial matters. Several sessions are typically paid for down the middle by the couple. The mediator prepares a “Memorandum of Understanding” to be given to each party’s lawyer. They will write up the PSA (Property Settlement Agreement), a binding document in the divorce.

Mediation Advantages Over Litigation in New Jersey

Money

Cost is one of the biggest advantages when it comes to mediation. It is substantially less expensive as opposed to litigation. A mediator is paid per hour, per session, and the cost is split between two people. Many mediators do not require a retainer as lawyers do (from $2,000 to $10,000) and charge about $200 per hour instead of a lawyer’s fees which can run from $250-$600 per hour. If the Carrisons choose to mediate their divorce settlement, on the first day, they spend 4 hours with their mediator at the cost of $150 per hour. That means each spouse paid $300 for that session. If the Greens went straight to litigation and spent 5 hours waiting for their turn in court, they have just spent $1,250 each and haven’t even started their case. Of course, there will be times when mediation can stall and become more expensive, but even then, it is less than litigation.

Time

Private mediation sessions can be scheduled at the convenience of everyone involved. This provides ample time for preparation and reflection instead of court sessions which are subject to availability on the calendar. The efficiency of mediation takes much less time in terms of conflict resolution than litigation.

Confidentiality

Rest assured that litigation leaves no stone unturned, no matter how delicate the subject matter. What is left of your dignity disappears as every text message, and email rapidly becomes common knowledge and on the record. Mediation is a confidential process that allows couples to be upfront and sincere, their minds eased by the fact that the sessions and their contents are private.

Emotional Distress

Anytime a relationship ends, emotions are running high. Mediation is effective at turning points of contention into points of consideration. This is not to say that sensitive subjects suddenly become inconsequential. Still, the ability to speak in confidence in a meeting room instead of putting on a show of sorts in an extensive, formal courtroom provides an opportunity for sincerity and flexibility in a safe space of mutual respect.

And the Kids

The less conflict, the better for everyone involved, especially the children. It isn’t just about “winning” when you are both hurting your kids. It is essential that you set an example of how to reach a compromise, even when you may not like each other very much right now. Children should never be forced to choose sides or to “tattle” on the other parent as fodder for mud-slinging in court. Adult issues should stay between the adults, but children will overhear or perceive discord. There is no doubt that there will be questions, but it is an excellent opportunity to talk about peaceful conflict resolution.

Benefits of NJ Court-Mandated Mediation

There are times when mediation is not voluntary. The NJ Courts frequently send couples to mediation before settling the divorce in a courtroom to allow the couple an opportunity to resolve their disputes through mediation rather than hashing them out over a lengthy, contentious trial. Parents focus on the best interests of their children more often than not, putting their well-being ahead of any personal agenda against their ex. Divorce is a scary time for everyone, and when children see the grown-ups acting as such, they feel more confident and less anxious. Another plus is that court-mandated mediation for child-related issues is free.

Mediation and Divorce Attorney in Ocean County, NJThe MESP (Matrimonial Early Settlement Panel) is one kind of obligatory mediation. This panel will look into all of the financial disputes holding your divorce settlement back. Each spouse creates a memo with their lawyer that indicates where they stand on the economic area of the settlement. The lawyers will present the positions to a panel of two family law attorneys who will then recommend. This is not mediation because the couple does not settle the matter directly through a mediator, but their proposals are considered. If the suggestions are accepted and there is no custody problem, the divorce can be finalized the same day as the MESP. If not, the divorce will be scheduled for trial.

Whenever child custody is involved in a split, the couple is ordered to participate in mediation. The couple must construct a parenting plan in mediation to present to the Court. Not all plans are complete because sometimes the relationship breaks down and will not move further, but custody mediation gets the ball rolling. Parents who take an active role in the choices made regarding their parenting plan and child support are more likely to work together when future situations require it.

If You Want to Know More About what Mediation can do for You, Contact Our Family Law Offices in South Jersey

Mediation is not for everyone, but it can be a quicker and less expensive way to settle your divorce. Also, couples who go through mediation have more success in their relationships with new partners thereafter. There is nothing easy about getting a divorce, but you can be given negotiating tools that you can use moving forward by using mediation.

Bronzino Law Firm knows that there are many issues on which you need to decide. We do not believe in a cookie-cutter divorce. Our goal is to map out a plan with you, listen to what you want for your family, and help to implement that plan. The alternative dispute resolution options are there for the taking, if that is the most suitable venue for your family law matter. Whether you choose to litigate or go to mediation, we will be behind you all of the way.

If you want to discuss the possibility of mediation with one of our mediation lawyers in Sea Girt, Toms River, Berkeley, Stafford, Howell, Holmdel, Jackson, Freehold, or any town in Ocean and Monmouth Counties, contact us at (732) 812-3102 to schedule a consultation or fill out our online contact form to get back to you.

Key Information to Know about Wages in a Divorce in New Jersey

Influence of Income and Earning Potential on Divorce Outcomes in Monmouth and Ocean County, NJ

Earning Potential and Wages Matter for Divorce in New JerseyThe lives of parents and children depend on financial support for their survival after divorce. Though the calculation for support begins with the income of both parents or spouses without children, determining what is and is not income for a support calculation can be tricky. The calculation for child support, for example, begins with each parent’s gross monthly or annual income. Gross income is commonly known as the before-tax income, whether by employee wages or self-employment income. Paid employees can easily calculate gross monthly income by their check stubs. Self-employed parents, however, have a more difficult time arriving at a gross monthly income due to expenses and other adjustments. Regardless of how calculated, support is a critical measure of post-divorce life quality for divorcing families.

One or both spouses may be wage earners before, during, and after marriage. Wage earner gross income includes wages, which a W2 summarizes for the year. Paycheck subs also provide monthly and year-to-date gross income calculations. However, wages may also be tips, bonuses, royalties, and commissions for food servers, CEO’s, artists, investors, and salespeople, for example. And for those who collect fees, say, for consulting, that income is also included. For self-employed folks, on the other hand, gross income includes proceeds from operating a business, less the ordinary expenses for running a business. For example, a landscaping business may bring in $4,000.00 a month for residential landscaping, but expenses to provide landscaping services include gas to run mowers, blowers, and trucks and maintenance on the tools and machinery to conduct the business. Business owners may also deduct employees and independent contractor pay from gross proceeds.

Examples of Gross Income in New Jersey

Other businesses, such as real estate rentals, include rental income and property value increases or gains from rental sales. Again, though, the cost of repairs, management fees, and other expenses incidental to owning and operating rental units can offset rental income. And investors have interest and dividends on their stock, annuities, trusts, life insurance policies, contracts, and other holdings to consider as income in addition to investment sales. Personal injury or other lawsuit awards, including workers’ compensation; retirement plan distributions; trust interests; profit-sharing plan distributions; disability payments; unemployment benefits; severance pay; and governmental and private retirement and deferred compensation distributions, are all part of gross income. Even alimony from prior relationships is income.

Dealing With Imputed Income

Other sources most people do not consider are net gambling winnings, income tax credits, rebates, and overtime pay. The most challenging source of income to calculate is cash. Some businesses operate on a cash basis, and without diligent records and truthful disclosure, cash income is easy to hide from taxing agencies and spouses in divorce proceedings. But what baffles many divorce participants is imputed income. Parties looking to dodge alimony or lower child support payments believe that working for lower wages helps them in the long run. For example, a top executive in a Fortune 500 company with an annual salary of over $500,000.00 a year may consider taking a lower-paying job as a sales manager in the company, making half as much annually, until the divorce is over.

How Do Courts Manage to Impute Income in NJ?

Courts are wise to that maneuver and may impute income, meaning assign an income to the party whose potential is to make the salary they did for the last three to ten years given their level of experience and education. They may also rely on state Labor Department statistics on earnings for the spouse’s occupation to attribute income. The same applies to an unemployed spouse with a consistent history of making a specific wage or salary in their employment history. A court may impute even a minimum wage full-time income to one who is unemployed or underemployed unless there are legitimate reasons for not working, like medical conditions, whether temporary or long-term. In that case, a party may have disability payments included in their income calculation.

When Determining Gross Income is not that Easy

While sometimes the gross income calculation is easy, other times the calculation is not that easy, even for a wage earner. Those caught in the part-time work cycle may have fluctuating income over the years, as do employees with annual bonuses or commissions that vary so that income averaging may be appropriate. A court may add up all sources of income, such as commissions, bonuses, and base pay for the three to five years before the time of calculation to assign a gross income to one or both parties. In addition, a court can configure future income with projections for those just starting careers. New employees expect pay raises as one party starts on a new job or career, like an unemployed homemaker who goes to school and becomes a teacher or a medical doctor who begins as an intern and then becomes a full-fledged doctor. The averaging projections can affect support and alimony.

Considerations on Income Averaging in New Jersey

Divorce & Family Lawyers Calculating Earnings for Divorce Determinations Ocean County NJIncome averaging may cause conflict and controversy as it is not an exact reflection of income. For example, a spouse whose income includes large bonuses based on company performance in some years and small or nonexistent bonuses in others may be struggling to meet support obligations in leaner years. The same may be true for commission earners in industries with up and down cycles. For example, solar company sales may be profitable when government policies endorse and subsidize alternative energy sources but are poor under administrations that do not. Seasonal employment and teachers who do not work in the summers may also be subject to income averaging.

Having the Support of an Experienced NJ Family Lawyer Can Be a Turning Point in Your Case

Fortunately, experienced family lawyers can be creative to resolve impasses on income attribution and support. Support may be calculated based on supplemental support payments contingent on percentage increases due to good vs. bad years. Creativity and strong advocacy are essential for spouses who must live as single parents post-divorce. While married, one spouse may have sacrificed a career to child-rearing. At the time of divorce, the unemployed parent may need time and vocational rehabilitation to become self-supporting. Thus, alimony may be high for the payor spouse while the other spouse gets educated, trains for a position, or re-emerges into the workforce at an entry-level position.

Formulas for life stages can be helpful to keep parties from having to come back to court to adjust support based on changing incomes, though sometimes that is inevitable. People lose jobs, get sick, win the lottery, or otherwise roller coaster through the economic up and downturns. When you are divorcing and have variable income, you probably need help calculating support and arguing for a feasible solution to meet your support obligations or receive support for your children and you. Consulting with a professional family law attorney is a must to ensure you and your children have the means to survive and thrive.

Contact our Divorce & Family Lawyers for Advice on Earning Capacity Issues in Toms River & Freehold NJ

The lawyers at the Bronzino Law Firm have been helping clients balance their needs and priorities with the demands of everyday life, employment, and divorce for years. We have an attuned ear when it comes to understanding your situation and are particularly adept at crafting unique solutions to best resolve your conundrums throughout the divorce process.

If you are in need of assistance or further guidance in a divorce case in Howell, Jackson, Middletown, Manchester, Sea Girt, Beach Haven, Toms River, or elsewhere in Ocean and Monmouth County, contact our Brick office to confer with a lawyer free of charge.

We can help you assess how earning potential; past, current, and future income may impact your key issues like spousal support, custody, and equitable distribution. Call (732) 812-3102 today to learn more.