Tag: Brick NJ Family Law Attorneys

Correlation Between Divorce and Disability Benefits in Brick, NJ

Divorce Lawyers in Monmouth and Ocean Counties representing clients in towns like Manasquan, Jackson, Rumson, Marlboro, and Holmdel

When you can’t work because you are hurt, concerns about how you will pay your bills and take care of your family are at the forefront of your mind. Likewise, counting on your share of your social security disability payments, or your spouse’s, can lead to additional questions when you are considering filing for a divorce. SSI and SSDI benefits are essential to you, but unfortunately, divorce can affect your right to receive those benefits.  It is essential to have knowledgeable representation to help you understand how divorcing from your spouse impacts your social security benefits, what happens if you remarry or they do, and other ways things can change in the future based on changes in your respective life circumstances. The whole process can be complicated to follow if a knowledgeable family lawyer who understands the impact that a divorce can have on your benefits does not represent you.

If you are seeking help for social security and divorce matters in Monmouth, Ocean, and Southern New Jersey, contact the Bronzino Law Firm for a free confidential consultation at (732) 812-3102.

Two Different Roads to Access Disability Benefits

Impact of Divorce on Social Security Disability Payments in NJSSI (Supplemental Security Income)  is 100% based on economic needs by calculating the income and assets of the applicant. It isn’t funded by the SSI trust fund but by general tax funding.  It is based only on financial need, not work history.  To qualify, the holder cannot have more than $2,000 ($3,000 jointly) and an income of $841 a month (one person) or $1,261 (two people).  They usually receive Supplemental Nutrition Assistance Program (SNAP), also known as Food Stamps. Several years ago, food stamps were physical dollar-like pieces of paper. Still, as technology has advanced, the amount they qualify for is placed on a government-issued card similar to a credit card. The monthly stipend amount depends on where a person lives and the monthly income they receive.  People with a disability are also able to receive healthcare through Medicaid.

SSDI (Social Security Disability Insurance) is paid for through payroll taxes.  Applicants must be younger than 65 and have worked for a certain number of years, making contributions to the Social Security Trust Fund in Social Security taxes (FICA) and having earned work credits. You can earn up to 4 credits yearly. A disabled person will be eligible for Medicare after two years or receiving SSDI. A disabled person’s family will be eligible after two years. There is a five-month waiting period which can be longer depending on how much your salary is.  Typically, acceptance rates for SSDI are higher than SSI benefits because the latter requires nearly zero assets and earnings.

Conditions to Receive Disability Benefits of a Deceased Spouse

If you were married for at least ten years, are at least 60 years old, older than 49, are disabled, and you aren’t eligible for a more significant benefit under your own Social Security record, you may qualify for your late spouse’s Social Security benefits, barring haven gotten remarried.

If an ex-spouse had full benefits at the time of death, a living ex-spouse with disabilities must be at least 50  years old and have been married for ten years. The ex-spouse can seek eligibility for SSDI based on the ex-spouse’s work record.

Dealing with Disability Benefits in the Middle of Divorce

Diminished Capacity Although it is sad to consider, as one gets older, our ability to reason and comprehend procedures such as these, some states will allow a guardian to make decisions for a party based on the person’s interpreted wishes. Some jurisdictions won’t allow a divorce to take place if a party lacks capacity in any way.

When a divorce is friendly, an ex-spouse frequently wants to play a supportive role in their ex’s life, especially when minor children are in the relationship.  Unfortunately, more help could be required, such as round-the-clock care. Other family members could offer care services or apply for Medicaid waiver programs. The court will determine child custody if need be.  Sadly, what is wanted by the parent or child is not always what happens.

SNT (Special Needs Trust)

Getting a divorce will change someone’s needs-based eligibility for government benefits.  An SNT (Special Needs Trust) should be created by the court to hold alimony payments or marital assets. According to federal regulations, a first-party SNT should be part of the divorce judgment.  The court created a type of shelter to hold an individual’s share of the divided assets and alimony payments. It is not available for the ex-spouse who needs government benefits and is 65 or older. Funds resulting from a personal injury settlement or inheritance are protected.

Will Your Divorce Be Affected If You are a Recipient of Social Security Disability?

Monmouth County Divorce and Family Lawyers Addressing Disability Benefits When you get divorced, a spouse can receive part of the ex-spouse’s SSDI benefits for a retirement plan, pensions, or anything else that counts for equitable distribution.  Since SSI acceptance is based on several requirements, benefits may not be granted unless you are 62 years old, you and your ex-spouse had been married for more than ten years, or you aren’t receiving a higher SSDI benefit on your record.

Dependents’ Benefits If One Spouse Gets Remarried

You won’t have benefits if the work history of the person with whom you were married is used to secure your benefits.  A disallowment is made if your present consort perishes, dissolves the marriage, or you submit an abrogation and your second nuptials transpire within a distinct age as considered above. However, if your current spouse is suitable for certain auxiliary Social Security benefits or survivor’s benefits, your benefits may be unfaltering. When your former husband or wife is procuring benefits based on your labor report, neither their benefits nor those of your dependents change. Suppose you choose to get married again, and your first spouse acquires benefits grounded in your work record. In that case, the person to whom you were married will not lose their benefits, nor will your other eligible people who rely on you.

If you remarry and your benefits are based on your ex-spouse’s work history (SSDI), often, your gifts will no longer be continued.  There is an exception if your second spouse dies, divorces, or seeks an annulment from you, and the age requirements listed above apply; you can keep your benefits from your first marriage.  If your former spouse is receiving disability benefits based on your work record, your benefits will be eligible to your dependents.

A parent’s benefits will not depend on whether or not a disabled or retired spouse is receiving gifts. Getting remarried will not change benefits either.  The requirements are that you take care of a child between the ages of 0-16, and that child belongs to your spouse or ex-spouse or a disabled child 22 and older who has been disabled since before they were 22. SSI payments cannot be garnished due to alimony or child support, even if an individual’s benefits increase.  You can receive benefits on an ex-spouse’s record if the child is younger than 16.

Consult with one of our Family Lawyers to Discuss the Different Scenarios for your Disability Benefits in Ocean County, NJ

Divorce is never easy, and even the most amicable ones can leave you concerned about your future and your dependents. At the Bronzino Law Firm, our highly respected divorce and family lawyers are prepared to answer all of your questions about divorce-related society security disability issues, outlining all of the possible scenarios clearly and compassionately.

With vast knowledge and many successes representing clients in the divorce process, our attorneys are at your disposal in Red Bank, Manchester, Beach Haven, Lacey, Lavallette, Bayhead, and towns in and around Monmouth and Ocean Counties. If you need legal help and representation regarding your divorce and your benefits, contact us by calling (732) 812-3102 or online for a cost-free consultation.

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.

Key Information about Repercussions of Cyber Harassment and Cyberstalking in NJ Criminal and Family Courts

Cyber Harassment & Cyberstalking in a Divorce Context NJ

The internet is more popular than ever, especially with social media platforms like Twitter, Facebook, and Instagram being used by millions of people. Unfortunately, this has also led to a lot of bullying online, also known as “cyber harassment.” Cyber harassment and cyberstalking can occur in any number of situations, but they often involve one party in a relationship targeting the other party. This is particularly true in contentious divorces, with one spouse accusing the other spouse of harassment, threats, etc. If you are going through a divorce and your spouse has accused you of cyber-harassment or cyberstalking, you need to take the accusation very seriously. You could face a multitude of consequences based on these allegations, including criminal charges, a restraining order, and negative impacts on your divorce case. To learn more about cyber harassment and cyberstalking in NJ, including how to respond to criminal charges and potential implications for your divorce, keep reading. To speak with one of our seasoned attorneys with experience handling all aspects of cyber harassment, criminal, domestic violence, and divorce cases in Monmouth and Ocean County, please call (732) 812-3102 for a free consultation.

Acts of “Cyber Harassment” and “Cyberstalking” in New Jersey

The truth is that terms like “cyber harassment” and “cyberstalking” are often open to interpretation because they are relatively new legal concepts, and they also exist in a modern world with a constantly evolving internet.

These are some of the acts that can give rise to a charge for cyber harassment in New Jersey:

Sending threatening emails. It should go without saying that threatening someone with violence or abuse is a very serious crime. When the threats are communicated online via email, it can result in criminal charges for cyber harassment.

Posting dangerous or threatening blog posts. The internet provides people with the opportunity to create websites that host blogs. Sometimes, these blogs are used for the wrong reasons: to post dangerous or threatening content about someone online. If the threatening words go too far, it can lead to criminal charges.

Impersonating someone online. Many websites allow users to create accounts or profiles without much in the way of a background check. This means that someone could potentially create a fictitious account and a fake profile pretending to be someone else. If you do this and then use the account to post inflammatory or negative things online while posing as someone else, it could constitute cyber harassment. (And if you impersonate a minor while doing so, the criminal charges may be elevated.)

Posting nude photos of someone online. Some of the most pernicious online bullying involves the posting of nude photographs or videos on Facebook, Instagram, or elsewhere on the internet. The idea is often that the subject of the photos will be embarrassed if they are circulated all across the internet. When the naked images are of an ex-girlfriend or ex-boyfriend, it can give rise to additional criminal charges for Revenge Porn.

Criminal Charges for Cyber Harassment in New Jersey

In New Jersey, cyber harassment and cyberstalking are very serious crimes that can result in the perpetrator being convicted and sentenced to imprisonment, fines, and long-term consequences like a criminal record. Regardless of what specific actions gave rise to your charges for cyber harassment, it is now imperative that you have a competent criminal defense lawyer on your side and helping you to avoid the most severe penalties. Moreover, your lawyer should have experience handling these types of cases and possess a strong understanding of what the law says about cyber harassment and cyberstalking, particularly since the law in this area is always being updated.

NJ Cyber Harassment Crime

Criminal Charges for Cyber Harassment in Ocean County, New JerseyCyber harassment is addressed in the New Jersey Criminal Code by N.J.S.A. 2C:33-4.1. The statute stipulates that a person is guilty of cyber harassment if they use social media, specifically, or an electronic device, generally, to communicate online and to make a threat against another person, cause injury or harm to another person, or commit a crime against another person.

These are the broad strokes of the law, which goes into more detail about exactly what can give rise to a cyber-harassment charge. For example, if you attempt to harm someone with your online post, the prosecution will need to prove that you had the intent to cause emotional harm or to place the other person in fear of either physical or emotional harm. But keep in mind that this element of proof has been interpreted broadly by courts so that the prosecutor may only have to establish that a reasonable person would have been put in fear by the defendant’s online communication. This means that if you used the internet to publish menacing words or even lewd or obscene content, that might be enough to constitute a violation of the cyber-harassment statute.

Moreover, if you are charged with cyber harassment in NJ, there is nothing to prevent the state from bringing additional criminal charges for terroristic threats, stalking, or a related crime.

Cyber Harassment Penalties under NJ Law

In most instances, cyber harassment charges are classified as fourth-degree indictable offenses. This means that cyber harassment is a felony, and a conviction carries a possible sentence of up to 18 months in state prison, as well as a fine of $10,000. In some circumstances, however, cyber harassment charges can be elevated to a third-degree indictable offense, which comes with possible penalties of 3-5 years in state prison, in addition to a fine of up to $15,000. The statute allows for the state to elevate the charges to a third-degree felony if the offender impersonated a minor and then cyber-harassed a minor victim.

The bottom line is that you do not want to be convicted of cyber harassment in New Jersey. Not only could a conviction or guilty plea on cyber harassment charges result in you being sentenced to time in prison, but it will also leave you with a criminal record. Imagine having to explain a harassment conviction on a job application in the future or having to tell friends and family members why you were convicted of stalking.

These long-term consequences, along with short-term consequences that could include prison, are a major reason why you should consider hiring a skilled criminal defense lawyer to defend you against the charges. Depending on the circumstances of your case, it may be possible to get the charges against you reduced or even dismissed. Alternatively, another option might be the entrance into a diversionary program such as Pretrial Intervention (PTI), which will allow you to avoid a conviction and ultimately get the charges removed from your record.

Accusations of Cyber Harassment and Domestic Violence

If accused of cyber harassment, you could be in violation of the NJ Prevention of Domestic Violence Act. The domestic violence law protects certain individuals against harassing, annoying, or threatening behavior, including current or former spouses, current or former romantic partners, co-parents, and anyone who has previously been involved in a dating relationship. This means that not only could you face criminal charges under the NJ Criminal Code, but you may also be subject to a restraining order under the Domestic Violence Act. Moreover, if you subsequently violate that restraining order, you can be charged with an additional felony, otherwise known as an indictable offense.

Cyber Harassment & Cyberstalking During the NJ Divorce Process

Family & Criminal Lawyers Dealing with Cyber Harassment & Cyberstalking in NJBeyond the criminal and civil consequences of a cyber-harassment and/or cyberstalking allegation, the outcome of your divorce case could also be adversely affected. The judge in your case is likely to take the accusations into consideration, especially if there is a child involved. Your child custody rights could be limited or your visitation curtailed if you are ultimately convicted of cyber harassment. And if your ex-spouse files and ultimately obtains a final restraining order, this can prove a significant hindrance to your ability to interact with your children, as it may require special arrangements for transportation and transferring the children from one parent to another based on your child custody and parenting time schedule.

Contact a Seasoned Family Law & Criminal Lawyer for Your Cyber Harassment & Cyberstalking Defense in Freehold and Toms River NJ

You can see how one allegation of cyber-harassment or cyberstalking is by no means limited in its potential impacts on your life. Bearing this in mind, contact the experienced attorneys at Bronzino Law Firm to begin the process of protecting your best interests. We handle all aspects of criminal and family law cases, including criminal charges, divorces, restraining orders, and child custody issues.

Our skilled lawyers are committed to preserving your rights and advocating for you in every venue where so much is on the line for your future. The Bronzino Law Firm serves clients in Toms River, Marlboro, Colts Neck, Beach Haven, Rumson, Middletown, Jackson, and nearby areas, including all Ocean and Monmouth County towns. Call (732) 812-3102 or fill out our online contact form today for a free consultation.

Considerations for Long-term Homemakers Getting Divorced in New Jersey

Divorce for a stay at home mom or dad has particular aspects and questions, for which the counsel of an experienced Divorce Lawyer comes in very handy.

Guide for Handling Divorce as a Stay-at-Home Parent in NJBeing a stay-at-home parent is no easy task. Many have renamed the job title as a domestic engineer, and it’s no wonder after the carpooling, cooking, cleaning, and caring for the young ones, it is an all-encompassing assignment, 24 hours a day, seven days a week with no holidays off. Some mothers and fathers choose to stay at home to save money on the ever-increasing daycare fees that eat up a family’s budget like flames in a tinderbox. A homemaker is a cheerleader at sporting events, a confidence-booster for those scary moments on stage, an academic tutor, and a taxi for their children. Often, moms and dads opt to stay home when the children are very young to ensure they receive the finest care and catch all of those “firsts,” such as the baby’s first word, first steps, etc. But all of that can change when the marriage ends in divorce.

Stay-at-home parents, who have historically only been moms, are at a distinct disadvantage after having been out of the workforce for several years (or never having worked outside of the home at all). They frequently don’t have the resources needed to hire an experienced family law attorney or may not know how to vet one who can best represent them. However, failure to understand all of the unique considerations that go along with getting divorced as a stay at home parent in New Jersey can cost you for a lifetime. For this reason, it is imperative that you have a knowledgeable divorce lawyer on your side, to guide you through the process of ending your marriage and protect your best interests as you prepare for a very different future. The attorneys at Bronzino Law Firm frequently play this critical role for homemakers divorcing in Monmouth and Ocean County and elsewhere in Southern New Jersey. To talk to a divorce lawyer regarding your case, call our offices in Brick and Sea Girt for a free consultation or to schedule an appointment.

Possible Road for Stay-At-Home Moms in a NJ Divorce

There is a lot to do when realizing the marriage is over. The closest allies are friends and family who can provide moral and economic support. New Jersey is an equitable distribution state which requires the parties to present an exhaustively detailed portrait of their financial status: salaries, property, expenses, savings, vehicles, inheritance, pensions, and debt are all stated in a document called a Case Information Statement (CIS). The judge uses this and other factors to determine spousal support and child support. In recent times, judges expect moms to get a job and help contribute to the household when the marriage has ended. Lump sums or monthly payments of support are frequently not sufficient to live on in the manner previously accustomed. Often, alimony is allotted for the number of years the marriage lasted.

How is Alimony Handled in a Stay-At-Home Divorce?

There are five types of alimony, and the first can be granted before the divorce has been settled. This type of alimony is called Pende Lite (meaning pending the litigation) and is informally known as Temporary Financial Support. The stay-at-home parent can agree with their spouse to keep the household afloat while the divorce is settled. Their respective lawyers draw up a consent order setting forth the terms and obligations of the parties, and the agreement is signed by a judge forthwith. If support is denied, a request can be made in court to a judge who will receive your application through the submission of a “Certification” and A Case Information Statement, thusly providing an accurate financial picture before your Temporary Financial Support is granted. In a way, this type of alimony is a band-aid acting as an emergency decree until regular support is established.

Once you are divorced, there are several kinds of alimony that you may receive. The first and most common is Open-Durational (previously identified as Permanent Alimony). This applies to marriages that lasted more than 20 years. It isn’t necessarily permanent, but one receives spousal support until the court says it should end.

Limited Duration alimony (also known as Term Alimony) is used for marriages of less than 20 years. Unlike Open-Durational alimony, it is set up for a specific number of years, and barring exceptional circumstances, it tends to last as many years as the marriage (or less). Marriages lasting for less than 20 years are not banned from the possibility of Open-Durational alimony when the judge takes into account the extent to which one party is reliant on the other economically, whether the spouse gave up a career opportunity or the support they provided to the working spouse in terms of childcare, maintaining the home, etc. Family court is one of equity, not just law. The judge does not use a specific formula to determine support but rather dictates what they consider to be “fair.”  This is called judicial discretion.

A lesser utilized type of alimony is rehabilitative, and it is a short-term agreement for the recipient to reach a good place economically speaking. It usually lasts up to 18 months.

Finally, reimbursement alimony is paid to someone who contributed a large sum of money to their spouse to extend their education, receive professional training, or obtain a professional license. An example would be if Person A pays $40,000 for Person B to go to culinary school and the couple has been married for four years, it is reasonable to expect repayment for that tuition. Payments are sent monthly until the amount is paid.

Steps To Prepare For Divorce as a Stay-At-Home Parent in NJ

There is an infinite list of helpful advice from many sources offering ideas as to the best way a homemaker can prepare for divorce. Some of these include the following:

  1. Experienced Stay-at-Home Mom Divorce Lawyer in Brick, NJStart to save NOW. You will need money for expenses, including legal representation.
  2. Collect all of your important papers such as your passport, copies of tax returns, bank statements, loans, and all other financial documents, which your lawyer can use to help build a financial picture of the household. Make sure you have access to financial information online, and the passwords haven’t been changed.
  3. Get financial advice right away to help manage your new lifestyle. It is important to set up a realistic budget.
  4. Be ready to move if necessary. If your home is expensive and you can’t afford the mortgage, you will have to find another place to live. You may want to stay with family for a few months until you are on your feet, but eventually, you will need to move out on your own.
  5. Get a job as soon as possible. You need to start working on getting on your feet, and honestly, it will probably feel pretty great to learn new skills and meet people.

Find the Support of an Experienced Family Law and Divorce Lawyer for Stay-at-Home Parents in Brick, NJ

Getting a divorce is an exhausting process; whether you are the one who filed for divorce or the one the divorce is against, a million factors need to be considered in order to settle within a reasonable amount of time. Couples who are willing to negotiate with their respective lawyers’ guidance can usually leave the divorce unscathed. Consider your lawyer as you would the captain of a ship, someone familiar with the surroundings who has the necessary skills to get you where you need to go safely. A lawyer can help build your case step by step, from earnings and assets to alimony and child custody.

At Bronzino Law, we have what it takes to make sure you receive a fair divorce settlement and will fight to ensure your spouse provides you with the economic support you need to continue raising a family. We have received expressions of gratitude from highly satisfied clients congratulating us for our knowledge, efficiency, and professionalism. We serve homemakers and breadwinners undergoing divorce in Toms River, Jackson, Berkeley, Stafford, Point Pleasant, Ocean Township, Freehold, and along the Jersey Shore. We are ready to get started on your case today, and offer you additional context in a free consultation.

To schedule a free, confidential consultation about preparing for divorce as a stay at home parent in New Jersey, call our offices at (732) 812-3102 or fill out the online contact form. We can also help you with alimony enforcement or support modifications.

The Rise of Platonic Parenting in New Jersey

Science has progressed in such a way that the possibilities to have a family are dizzying and have opened the door to the phenomenon of platonic parents.

Platonic Parenting in New JerseyThe 1950’s image of a traditional family, man, and woman in a monogamous relationship, having children after marriage, has become only one of many different kinds of families. Now more than ever having a family does not necessarily follow marriage.  Some couples prefer adoption in lieu of pregnancy, while others have their biological children and adopt more. For infertile couples, the option of surrogacy or IVF treatments opens the way for them to start a family.  Even the family members have strayed from the “traditional” pattern.  Heterosexual couples who choose not to get married, same-sex couples who get married and want children, a single man or woman who wants children without a partner and uses a sperm or egg donor.

What is Platonic Parenting?

Platonic parenting is a relationship between two people who want to have children without romantically getting involved with each other.  These couples can be composed of friends, strangers, former coworkers, or acquaintances.  Platonic parenting is especially popular in the LGBTQIA community. Some heterosexual couples opt for natural insemination even though they aren’t a couple in the romantic sense because other methods are prohibitively expensive. Gay and lesbian couples typically choose IVF, surrogacy, artificial insemination, or adoption. When sexual chemistry and a physical relationship are no longer factors, the child becomes the focus rather than the couple.

What are the Advantages of Platonic Parenting?

For many people who choose platonic co-parenting, a failed marriage or long-term relationship is in their close past, and as they didn’t have children with their now-ex-spouse, the biological clock is ticking.  Perhaps they don’t want to be a part of another romantic relationship.  Maybe their last one caused a lot of emotional traumas that they are just not willing to go through again. Sometimes married couples want their surrogate or the biological parents of an adoptive child to be a part of the family.  These are basically strangers who would be parenting with them.  Whatever the reason it is vital that all of the parties involved create an agreement regarding the raising of the child.

Developing a Platonic Parenting Agreement in NJ

The couple should have discussed the items before sitting down with an attorney and creating an agreement.  Also, the smaller details such as, ”Do you have a good relationship with your parents?”, “Do you like your job?”, What do you do in your free time?”, “What are your religious beliefs?” and many others.  This is not someone with whom a team science project is being done.  It is a life-long investment in a relationship to raise a child cooperatively.

Examples of the items to include in the agreement are listed here:

  • Who will attend the birth/prenatal appointments.
  • The eventual explanation to the child of their relationship and conception
  • Religious practices (if any)
  • Child-rearing techniques and the use of a babysitter/nanny
  • Who will make the medical decisions
  • The child’s name
  • Decisions about vaccines
  • Visitations, holidays, and vacations
  • Education, who will attend teacher’s meetings
  • Financial responsibilities of each parent.

Many others can be added based on the concerns of the couple.

Platonic Parenting Pitfalls

Platonic Parenting Agreement Attorney in Brick, NJNo relationship is perfect.  If we consider that a married couple is joined by their love for one another, a platonic couple’s strongest bond is their child.  There may be jealousy issues when the platonic parents begin to see someone romantically.  Maybe a romantic relationship leads to a move to another town or city.  Sometimes one parent demonstrates a romantic interest in the other that is unrequited, and resentment builds.  It is one thing to make an agreement, but when the rubber meets the road and decisions need to be made in the moment of discipline and education, there can often be discord.  If one parent lives in a separate dwelling, finances can be strained and previous agreements of who would pay what and when they would pay it simply aren’t a possibility.

How To Make It Work

Making a platonic parenting relationship is hard work and very similar to a traditional parenting relationship.  Communication is the key:  expressing expectations, discussing concerns, being kind and thoughtful, being careful with what is said or texted.  It is about expressing one’s concerns, fears, and anger maturely, keeping in mind the child is the focus of the relationship. Frequently discussing personal and family goals as well as checking in about the roles each parent should play are great ways to communicate.  Respecting each other, whether it be a right to privacy, a romantic relationship, or social life, and avoiding jealousy or snarky remarks about the people with whom the parent chooses to go out.

Considering a Platonic Parenting Relationship? A Family Law Attorney in Brick NJ Can Guide You

There is a wide range of instances in which a lawyer can be of great help.  First, they can help create the parenting agreement, which lists the roles and responsibilities of both parents along with other details.  If there is difficulty getting both sides to agree, a lawyer can facilitate a mediator or a round table to hammer out the sticking points. If the parents decide to uncouple, visitation, support, custody issues, etc., will need to be worked out with an attorney.

There is a lot of planning and talking that goes into an agreement like this.  Starting a family is a major step, and you want to do it in the best way possible.  Now is a great time to get the ball rolling because the process will take some time. At our offices, we will more than happy to guide you in the entire process, if you live in Holmdel, Colts Neck, Rumson, Little Silver, or any other place across Monmouth and Ocean Counties, do not hesitate to get in contact with us.

At Bronzino Law Firm, LCC, our knowledgeable team wants to help your dream to have a family become a reality. We are here to walk you through this process and any challenge that may arise from beginning to end.

Contact us online or give us a call at (732) 812-3102.

Bronzino Law Firm offers wise legal counsel in developing a strong contract with the surrogate mother.

If you are eager—and even longing acutely—to build a family but have been frustrated in attempts to get pregnant or adopt, you may now be looking to enlist the aid of a surrogate mother to fulfill your longings for a child and to build a family.

How Much Does Gestational Surrogacy Cost in NJ?If your physician recommends gestational surrogacy as your next, most hopeful step, the law in New Jersey is on your side. With the passage of S482 on May 30, 2018, couples who have been unsuccessful with fertility can establish a contract, fully recognized and enforceable, with a surrogate mother who is willing to carry the baby.

To do this, you will need to enter a surrogacy agreement with a surrogate mother, also known as a gestational mother. Under New Jersey law, this person is required to have legal representation.

You, too, will need a legal representative, one who can help you navigate the frequently changing laws around surrogacy in New Jersey. We at Bronzino Law are committed to representing you in your surrogacy agreement with compassion and understanding so that your dream of building a family can come true.

What Does a Surrogacy Agreement Cover?

In New Jersey, these agreements are signed by a “gestational surrogate” (the woman who carries the child but is not related to the child genetically), sometimes her spouse as well, and the “intended parent” or “intended parents.” Both these parties must have their own attorneys representing them.

A surrogacy agreement spells out the intentions, rights, and duties of everyone involved. An agreement covers the span of time from just before the implantation of an embryo up to the moment of birth and sometimes beyond. It relieves the surrogate mother of any obligation to the child after it’s born.

A well-written agreement will spell out all the issues around parental rights. It will also settle issues such as which doctor to consult, which delivery location to use, how many embryos will be transferred, who has control over medical decisions during the gestational period, what to do if multiple embryos become established, how much communication between the surrogate mother and the intended parents will take place during the pregnancy and on the date of birth, how many contacts the parties will have post-birth, including issues of lactation. The agreement covers items like payment of insurance premiums and hospital and doctors’ bills, responsibilities in the case of medical complications, and other expenses. The surrogate mother’s fee is usually itemized in the agreement.

Then How Much Does Surrogacy Cost in New Jersey?

You will most likely work with an agency that will interview candidates for surrogacy and test them for their all-around fitness for the role, both psychologically and health-wise. In New Jersey, an agency will probably cost around $20,000.

The intended parents will also be responsible for all the costs involved in surrogacy, including the surrogate mother’s fee. In New Jersey, a first-time surrogate will earn a fee of between $30,000 and $43,000 or so. An experienced surrogate will garner $45,000 to $50,000.

Other costs involved, such as the mother will likely charge an embryo transfer fee and a fee for undergoing other invasive procedures like amniocentesis if you want that procedure done. You will be responsible for all her doctors’ bills, life insurance premiums for the period of gestation, the surrogate’s lawyer’s fees, and more.

Then How Much Does Surrogacy Cost in New Jersey?You need to be aware that your personal health insurance plan will not pay for a surrogate mother. The surrogate may have health insurance and may pay for the medical costs of pregnancy—unless the policy excludes surrogacy. However, if so, the intended parents pay health insurance premiums during the pregnancy.

Other costs will be borne by the intended parents. The surrogate mother is paid more for carrying twins and undergoing a caesarian section if the doctor decides that’s best. If the doctor orders bed rest during the pregnancy, the intended parents will pay the mother’s housekeeping costs.

All told, depending on how the pregnancy goes, intended parents can expect to pay between $90,000 and $175,000.

What Does Your Firm Offer?

You can rely on Bronzino Law Firm to dig into every detail and ensure that every contingency is fully explored and accounted for. We will communicate with you effectively throughout the process and ensure that your individual needs and priorities are fully taken into consideration and applied in your case.

We offer this legal knowledge and experience with compassion and sympathy for the frustration and pain you’ve endured and the new hope you have in this surrogacy relationship.

We know that you and your situation are unique, and we are eager to help you navigate your way to building a beautiful family in New Jersey, including in Wall, Asbury Park, Middletown, Toms River, Brick, Manchester, Lacey, and other towns throughout the Monmouth and Ocean County area.

Call Bronzino Law at (732) 812-3102 today for our meticulous and dedicated assistance in helping you to add a child to your family.

Divorce and Property Division Handled with Professional and Experienced Knowledge

Providing Professional Divorce Advice on How Property is Split in Ocean and Monmouth County Areas

How Property is Divided in a Divorce in New JerseyIn late 2020, the Institute for Family Studies found that out of every 1,000 marriages that last one year, 14.9 ends in divorce. This statistic was seen as a promising one, as it marked a 50-year low in national divorce rates. However, though the numbers of divorces seem to be declining at a national level, divorce is still quite prevalent. When one or both spouses decide to file for divorce, they are setting up an extensive process to end the legal contract of marriage, which includes the division of marital assets. For each spouse to fairly receive the assets that are justly theirs, the support of a skilled and experienced team of family law attorneys is essential. A skilled divorce attorney knows how the division of property and marital assets is handled at the New Jersey Superior Court: Family Part level, where divorces and custody arrangements are heard. Read on to learn more about how New Jersey Superior Courts handle property division in a divorce.

Community Property Model vs. Equitable Distribution Model

Marital assets are divided according to one of two different models, depending on the state. Some states use the community property model, which evenly divides property and assets between spouses without exception. The community property model is a direct split. However, most states, including New Jersey, follow the equitable distribution model of dividing property and other assets. While the equitable distribution model offers a fair division of assets, it does not necessarily offer an even division of assets. The Superior Court: Family Part is responsible for handling New Jersey divorce and custody agreements and reviews various factors to determine how to most equitably divides assets. While the Superior Court judge is a fair representative of justice in the New Jersey court system, there are many ways to divide assets that require the judge’s subjective determination in the review of the applicable factors. As such, you must have a skilled and experienced divorce attorney representing your rights and your claim to your fair share of the marital assets throughout the divorce process.

What is considered in the equitable splitting of marital assets?

Marital assets are those assets that were shared by the spouses. They could include the marital home, land, autos, savings, and investments, among other shared sites both parties own marital assets, and both have a claim to their shared value when the couple decides to split. Separate assets or properties, on the other hand, are not owned by both spouses. They include assets that one spouse owned before the marriage or a spouse obtained during the marriage from an inheritance or another gift. Inheritances received during the marriage are not shared unless they are invested in a joint venture, at which point the other spouse may have a claim to part. Again, these grey lines in the division of marital and separate properties and assets are why it is important to have the support of a skilled family law attorney during this nuanced process.

A judge will consider the itemized list of marital assets and take the following considerations into account when determining how to justly and equitably divide them:

  • Is there a standing legal prenuptial agreement that addresses the division of assets in the case of divorce?
  • What was the duration of the marriage?
  • What was the status quo, or the standard of living, experienced by the couple during the marriage? The judge will attempt to help each partner maintain that standard of living in divorce by dividing assets to support that or assigning payment of alimony by the breadwinning spouse.
  • How many assets did each partner bring into the marital home at the start of the marriage?
  • How many assets and financial contributions did each partner bring to the marital home throughout the marriage?
  • How was financial support established throughout the marriage for one partner to pursue education, a What is considered when equitably splitting up marital assets?profession, or stay at home to raise a family? Did one partner provide financial support for the other’s professional growth, or did one partner sacrifice their career to raise the family?
  • What is each spouse’s state, physically and mentally? Do funds need to be legally set aside to provide support, such as a trust?
  • Is it necessary to set up a trust for any children of the marriage?

To ensure that your rights are upheld in a divorce, it is imperative that you seek the support of a qualified family law attorney.

Contact our Divorce Attorney for a confidential consultation

If you are navigating a divorce and want to ensure that you receive your fair share of the marital assets in the separation, we are here to support you.

Highly skilled divorce and family law attorney Peter Bronzino, Esq, has the knowledge and extensive experience to assist you with all manner of concerns amidst the divorce process, including the appropriate distributing of your assets. With local offices in Brick, NJ, we regularly assist clients throughout Monmouth and Ocean County areas, including Berkeley, Spring Lake, Toms River, Point Pleasant, Manchester, and Middletown.

To schedule a free and confidential consultation with our firm today regarding your family financial support issues, please send us a message or call (732) 812-3102 to speak to an attorney who can help.

Brick, NJ Attorneys Addressing Mistakes Made in Your Divorce Settlement

Family Law and Divorce Settlement Attorneys serving in Sea Girt, Spring Lake, Ocean Township, Red Bank, and across the Jersey Shore

Linden, NJ Attorneys Addressing Mistakes Made in Your Divorce SettlementThe processes involved in a divorce settlement are extensive, and certain elements can get lost in the fray. Having an experienced and skillful team of family law attorneys by your side is essential to ensuring that the results of your divorce settlement are fair and that you receive the most comprehensive split of the assets available to you. Even with the most tried and tested team of attorneys, however, sometimes mistakes in divorce settlements are overlooked even by a court judge. So what do you do when your divorce settlement agreement has an error? Is it easy to fix, or could it cause problems down the road? Read on to learn more about mistakes in divorce settlements and how New Jersey courts handle such issues.

Correcting Settlements

Once a Final Judgment of Divorce has been approved by the New Jersey Superior Court: Family Part, there are means by which a mistake within can be corrected; however, the path to correction isn’t straight and narrow, and not all mistakes can be corrected in any circumstance. The difference between a mistake that a New Jersey trial court will consider correcting and a mistake that either or both of the separated spouses must accept depends on specific factors as laid out within New Jersey Court Rule 4:50-1, which addresses when a party may seek ‘Relief From Judgment or Order.’ The Relief from Judgment or Order Rule states that there are six circumstances under which the Court will entertain a change to a Final Judgment of Divorce. The New Jersey Court Rule 4:50-1 outlines the circumstances under which “relief” can be gained by a party bound by a Final Judgment of Divorce using the following language:

“(a) mistake, inadvertence, surprise, or excusable neglect

(b) newly discovered evidence which would probably alter the judgment or order and which by due diligence could not have been discovered in time to move for a new trial;

(c) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party;

(d) the judgment or order is void;

(e) the judgment or order has been satisfied, released or discharged, or a prior judgment or order upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment or order should have prospective application; or

(f) any other reason justifying relief from the operation of the judgment or order.

While the terms of the Rule are fairly clear that a court can correct a mistake or other circumstance, it is not always easy to gain relief. For one, there is a timing component to the rule. For parts (a), (b), and (c), the request for relief must be made within one year after the judgment or order. All other bases for relief (parts (d), (e) and (f)) must be made “within a reasonable time.’”

As one can see, there are strict yet multiple means by which a divorced spouse can appeal to the court for a change to the Final Judgment of Divorce. However, if the Court denies the request and the party believes this denial was erroneous, they can appeal the relief denial.

Appealing a Relief Denial

Appealing a Relief DenialLike any judgment by a trial court that the denied party believes is erroneous, they can appeal to the New Jersey Superior Court: Appellate Division. During the appeal, the appellate court will determine whether the lower court was mistaken in denying the original request for Relief from the Judgment or Order. One high profile example of such an appeal occurred in Goethals v. Goethals, an appellate case in which a divorcing couple who evenly split the husband’s 13,293 shares of stock awarded because of his role as an executive within a large company later found out – after the Final Judgment of Divorce that he had twice the shares of stock he originally thought he had.

The wife applied for Relief from the Judgment or Order due to the new information and assets being split. Still, the trial court denied her request, stating that, though she had filed the request within a year of learning the error, she had not filed the request within a year of Divorce’s Final Judgment.

The wife appealed this decision by the lower court, citing the ‘catch all’ clause in section (f) of New Jersey Court Rule 4:50-1, which states that the request for relief was made “within a reasonable time.” The Appellate Division reversed this decision, noting that she had acted in sufficient timeliness given the circumstances of the new awareness regarding stocks. In this reversal of the trial court’s decision, the Appellate Division stated that because there was an understanding that stocks would be fairly split as part of the original divorce agreement, and new stocks were only discovered later, the original agreement split those stocks evenly still stood.

Mistakes in your original Divorce Settlement? Contact a Toms River Divorce Attorney Today

At Bronzino Law Firm, our experienced team of attorneys supports clients across Sea Girt, Spring Lake, Ocean Township, Red Bank, and across the Jersey Shore in all divorce settlement agreements and necessary follow-up in the case of error.

To schedule a confidential consultation with an experienced member of our team regarding your case, please call at 732-812-3102 or fill out the online form, and we´ll get back to you shortly.

Point Pleasant NJ Child Custody LawyersUnmarried parents and co-parents going through a divorce must come to tenable child custody terms to care for their children. Many individuals understand the high level concepts of child custody, but few understand the many possibilities which are afforded to New Jersey parents. In fact, the Family Courts condone and even encourage co-parents to reach their own custody agreements which fit their family’s individual needs and concerns. Families enjoy a large degree of flexibility when determining child custody and parenting time arrangements when they are able to work together to reach a common goal.

Today, the family law attorneys of The Bronzino Law Firm will review the most common child custody arrangements in New Jersey when it comes to physical and legal custody, parenting time, and more.

Point Pleasant Child Custody Lawyers: Residential Custody Arrangements

When most individuals think child custody, they jump straight to physical, or residential child custody. In reality, this is only part of the picture. Our Point Pleasant child custody lawyers understand that child custody agreements may lay out terms for residential custody, legal custody, parenting time and parenting schedules. Residential, also known as physical custody, determines where a child lives and where the child spends his or her overnights. Common residential custody arrangements include:

Shared Child Custody – many co-parents choose shared child custody so they may both enjoy quality custody of their children. Shared arrangements refer to any situations in which parents both have significant physical custody, but that custody is not equal.

Sole Child Custody – when one co-parent has total custody of a child, that is known as a sole child custody arrangement. It is vital to understand that this does not mean that the non-custodial parent will have no custody or parenting time. It merely refers to the amount of physical custody awarded to each parent.

Joint Child Custody – some co-parents choose to enjoy equal physical custody, known as joint child custody. This requires a high degree of coordination and cooperation, but is great for certain families.

Legal Child Custody Attorneys Spring Lake, NJ

What is less commonly known among co-parents is that custody agreements also refer to legal child custody. Legal custody is the right of each parent to be involved in making major decisions in a child’s life. Common examples include where the child will attend school, religious decisions, medical decisions and more. Our Spring Lake child custody attorneys help clients reach legal custody arrangements including:

Joint Legal Custody – most co-parents opt for joint legal custody. Since there is a lesser logistical and practical burden involved in legal custody, most parents want to be part of the decision making process and are allowed to do so.

Sole Legal Custody – however, there are certain situations where families enter a sole legal custody agreement. This is typically reserved for situations where one co-parent is deemed to be an unfit parent, and therefore forfeits his or her right to make decisions in a child’s life. Parents who are fit may also elect to voluntarily waive their rights to legal child custody.

Questions about Child Custody? Call our Brick, NJ Family Law Attorneys Today

Child custody attorney Peter J. Bronzino is proud to serve families from local Ocean and Monmouth County communities including Manasquan, Asbury Park, Wall, Toms River, Brick, Jackson, Brielle, Point Pleasant, and all of Central New Jersey. With our smaller firm size, Attorney Bronzino is able to work closely with clients throughout the legal process and offer highly personalized legal solutions which address their individual needs and concerns. To learn more about how our firm helps individuals going through divorce or other family law disputes, feel free to view our many glowing client testimonials.

For a free and confidential consultation regarding your child custody concerns, please contact us online or call our Brick, NJ or Sea Girt, NJ offices today by calling (732) 812-3102.