It’s never too early to think about summer vacation

Posted on April 17, 2016 by Sandy Durst

A divorce may require parents to share in childcare responsibilities to a greater extent than they may have done previously. Summer vacation is right around the corner and with the children being out of school this responsibility becomes all the more greater.
In many situations childcare responsibilities and arrangements need to be made. Work with the other parent to identify, select, and pay for appropriate summer camps or similar activities for the children. Review your settlement agreement to determine how these costs are to be allocated between the two of you.

In addition to the children’s activities, parents are often afforded specific box of parenting time during the summer. In the settlement agreements are prepared for clients the amount of time is identified as are any notice provisions a parent requesting summer vacation will supply to the other parent. The purpose of this requirement is to help ensure that the children are not double booked. Begin working with the other parent as soon as possible to make the arrangements so that no one is disappointed.

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Can I take my spouse off our health insurance?

Posted on April 12, 2016 by Sandy Durst

It is no suprise to anyone that the costs associated with health insurance coverage can be a signficant line item in a family budget.  Even if provided and subsidized by an employer, the costs can be staggering.  Add the costs of auto insurance in New Jersey and homeowners insurce, a great deal of money is committed to maintaining insurnce coveage.  When facing “new” costs related to your divorce such as new housing, additional babysitters, and legal fees, it is normal to look for ways to trim your budget and free up cash.  But dropping your spouse from insurance coverage is not permissible without their consent or a court order is impermissible. 

Court Rule dictates stability

The New Jersey Court rules dictate that any insurance coverage in place during the 90 days preceeding the filing of a Complaint for Divorce must remain in place until such time as the parties agree or the court order changes to be made.  To help identify the coverage that is in place and subject to control under the Rule, each party completes and files with the Court a Certification of Insurance coverage.  The more information that is contained on this disclosure, the easier it will be to monitor the status of any insurance policies that are in place.  

Exception with autho insurance

There are certain auto isurance policies that will deny coverage if a vehcile is no longer at the address of the poicy holder.  This can come into play when one party moves out of the marital residence.  In this regard, it is prudent to review your policy and work with the other party to make sure that each vehcile is properly insured.

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Divorce & Taxes

Posted on April 12, 2016 by Sandy Durst

If you are recently divorced or are in the process of getting divorced there may be new considerations that must be taken into account as you prepare and file your 2015 tax return.
The initial question is whether or not a joint return will be filed. If you were divorced at any time in 2015 you must file individual returns. If the divorce was started, but not finished, in 2015 a joint return may still be appropriate and may hold significant financial advantages. You should consult with and rely upon the advice of your tax preparer in making these decisions. This post is not tax advice.

If you are pegging or receiving alimony be sure to note that reality in the appropriate section of the return. Review your settlement agreement or any orders which may detail who gets to claim the children as exemptions and in which years. Additionally, mortgage interest, real estate taxes, and other deductions can be claimed by one party or allocated between the two of you.

Alert your tax preparer to the status of your divorce so that the returns can be prepared accordingly and take advantage of what is otherwise a difficult situation.

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Remember the time change

Posted on March 11, 2016 by Sandy Durst
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This weekend we set our clocks ahead by one hour. If you have defined pickup / drop off times as part of your custody and parenting time arrangements, be mindful of this and plan accordingly. 

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Changes coming to NJ child support law

Posted on February 19, 2016 by Sandy Durst
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On January 19, 2016, New Jersey Governor Chris Christie signed into law Senate Bill 1046 and Assembly Bill 2721. This law will impact how child support is handled in New Jeresy and becomes effective on February 1, 2017.  The new law deals only with the process to terminate child support as the child(ren) reach the age of 19.  There are no change to how child support is calculated under this new law and there are no changes to the law an emancipation.

At first blush, the new law may seem harsh in its potential implementation as it establishes 19 as the age when child support terminates.  However, as will be explained below, the changes to the law are not as severe as they may seem.
What is the current law

Presently, child support payments continue unti the child has been deemed emancipated.  The parent paying child support has the obligation to petition the court, present the relevant facts and ask tha the the child support obligation be terminated.  Given the passage of time and the unfortuante reality that the parent-child relationship may have deteriorated over the years, it is often difficult for the payor to gather the necessary information to substantiate the motion.   They risk filing their motion to terminate child support too early or too late.  There is a disincentive for the parent receiving support to cooperate.  
How does the law change this?

After February 1, 2017, the presumption is that child support will end at age 19.  Notices will be issued and it will be the responsibility of the parent receiving child support to request that the support be continued.  Child support (including the providing of medical insurance) may continue to  age 23 if the child: (1) is still in high school, (2) attending full-time college, vocational, or graduate school, (3) is disabled, (4) if the parties have reached their own agreement, or (5) if the court deems the continued child support necessary.  These factors exist in the current law.

Free to enter any agreements on child support you wish

It is important to remember that when drafting their settlement agreements, parties are free to create obligations that extend beyond the age of 19.  These case specific agreements would trump the new law and would govern.
Still have questions about child support in New Jersey?

The changes that will be implemented on February 1, 2017 change the process more than the substance of child support in New Jersey.  If you have questions about child support in New Jersey, you should speak with an experienced family law attorney.  Additionally, the State’s website www.njchildsupport.org has a wealth of information about the implementation of the new child support law and general information on the issue.

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