The Durst Firm

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The additional stress caused by everyone being at home together and financial pressures from being out of work often contribute to domestic violence. Know your rights. And know that help is available.

Click on the link or contact The Durst Firm for more information.

We have been fielding an number of questions about the stimulus checks that are to be issued by the federal government. A quick summary: subject to income thresholds and other criteria, individuals will receive $1,200, a married couple will received $2,400 and parents are to receive $500 per child.

If you are in the process of getting divorced or already divorced, take an approach that allows you to maximize what you may receive. Once divorced, the parents will often alternate claiming the child(ren) on their tax returns on an annual basis. Here’s where the trouble starts! Our understanding of the payment process is that the parent who most recently claimed the child will receive the payment. If the recipient parents has historically claimed the child(ren) this may be appropriate. However, in situations were the parents alternate claiming and are equally responsible for the children’s expenses, this can create an unfair result. As this is a new government benefit, there is no real guidance on how these funds should be allocated between the parents. Our approach is to recognize that while $500 per child is significant, fighting over how to allocate the money quickly becomes cost prohibitive. Why not agree to use the funds for agreed-to expenses for the child or fund a college account. Such an approach will keep you both focused on the child and realize the most bang for the buck.

As we head into the third (I think, not really sure) week of NJ’s social distancing quarantine, I’m sure I am not the only one trying to find some sense of normalcy. Life has been turned upside down. For families dealing with divorce or who may be recently divorce, these times are particularly trying. Job responsibilities may have changed or jobs may even have been lost. Children are home from school and parents are now assuming the role of tutor. Children are missing their social interactions and structure provided by being in school. At The Durst Firm we are experiencing these same challenges. We are here to help however we can.

Being flexible is critical to getting through these days. Accept that the old structures, the old norms, are not applicable. Life has to proceed differently now. This is not to suggest that there should be no structure or no order. But be realistic with yourself. And be realistic with your spouse or ex-spouse. Parenting time schedules may need to be adjusted to accommodate work or school functions. If a parent is working in a high risk occupation battling COVID-19 (AND WE THANK YOU) care and consideration must be given to how that parent interacts with the children. Please don’t exploit this situation and use it as a “reason’ to deny parenting time. On the flip side, if you are the “at risk”, recognize that loving your kids may mean you shouldn’t see them as often on a TEMPORARY basis. We are working with our clients who find themselves in this very situation to find alternative means of maintaining relationships with their children using technology and creating interim Orders that preserve a relationship and set the guidelines in response to this situation.

In consideration of the practical and financial difficulties facing many NJ residents, the filing deadline for NJ taxes has been pushed back from April 15th to July 15th.