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Divorce and Taxes

When parties divorce, their Property Settlement Agreement must address issues related to taxes. This includes Agreements on dependency deductions, how to file and when the parties no longer will file a joint tax return. There are tax implications to the distribution of retirement investments and savings, alimony, deferred pension benefits and other matters which should Read More

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Fraud and the PSA

When parties get divorced, usually neither party is totally satisfied. The goal in formulating an agreement is to have an end result that is fair under the law. A lot of work can go into a Property Settlement Agreement (PSA), also known as a Marital Settlement Agreement (MSA), because it is the framework by which Read More

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Restraining Orders in New Jersey Divorce Cases – AFF v. CHG

If you have been harassed or feel threatened by your spouse, a family member, or another person, you have a right to seek a restraining order that prevents the person from coming near you. These legal tools, unfortunately, can come in handy in divorce and related cases. New Jersey’s Superior Court recently explained some of the Read More

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Evidence, Appearance, and Other Responsibilities in Divorce Cases – In re Marriage of Norberg-Hurlburt

A spouse in a divorce case has certain responsibilities, including presenting evidence in support of his or her positions on the issues and showing up in court. A recent case out of Connecticut is a good example of what can happen when a person doesn’t meet those responsibilities. Although this case happened in another state, Read More

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Pendente Lite Support and Marital Lifestyle

Many couples beginning the divorce process are often concerned, and rightfully so, about how they will be able to maintain their “standard of living” once the single household is divided in two and doubling many expenses. How will they maintain the standard of living? Sometimes there is enough wealth and equity that the separation and Read More

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Back School Woes

It’s almost back-to-school time and many area students rely on their parents to cover all of their college-related costs that remain after scholarships, grants, and loans. This can be a very stressful situation for kids and parents, particularly those in divorced families committed to contributing to their child’s college costs. There will be some parent Read More

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Divided High Court Weighs in on Cohabitation Issue in New Jersey Alimony Cases – Quinn v. Quinn

The issue of cohabitation can be a tricky one for divorcing spouses in New Jersey. State law currently allows one former spouse to ask a court to terminate his or her obligation to pay alimony to the other spouse if that person cohabits with another person. In other words, the money may stop if the Read More

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DRIVING WHILE UNDER THE INFLUENCE OF A NARCOTIC, HALLUCINOGEN OR HABIT-PRODUCING DRUG – PRESCRIPTION DRUGS

POSSESSION OF DRUGS The statute for a violation of Driving While Under the Influence does not require identifying the amount of narcotic, hallucinogen or habit-producing drug required in order to establish a violation.  A police officer’s observations of the fact of intoxication is admissible.  The police officer’s opinion about cause of intoxication other than from Read More

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Child Support for College Kids in New Jersey – Avelino-Catabran v. Catabran

When a couple with kids decides to divorce, they often consider how they might pay for their children’s potential college costs down the road. In New Jersey, a parent’s responsibility to pay child support and college expenses past the child’s 18th birthday is standard. However, As New Jersey’s Superior Court recently explained, the law requires Read More

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How Losing a Job Can Affect Child Support Obligations in New Jersey – Klemash v. Klemash

If you want to get a child support or alimony order changed in New Jersey, you have to show that the circumstances have changed in a way that justifies the change. As the State’s Superior Court recently explained, judges are expected to compare the circumstances in place at the time the award was set to Read More

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