Now is the time to plan for summer parenting tim

As Spring gradually arrives here in New Jersey, it may seem to early to make plans for the upcoming summer. However, for divorced couples, or couples in the process of getting divorced, there is no time like the present to work on the summer plans for your children.  Acting early can prevent problems when it is too late to deal with them.

If you have a court order or written agreement that addresses summer parenting time, read it. Understand the time made available to each parent: are extended periods of parenting time / vacation permitted, does the summer scehdule trump the “regular” scehdule, and most importantly, are there notice provisions required in your agreement?  Don’t miss out on parenting time because you advise the other parent of your intentions in time.  It is suggested that any communications requesting and arranging summer parenting time be in writing.  Don’t make, or at least don’t pay for, summer plans without first reaching an agreement.

In addition to summer parenting time, there may also be the need for summer camps or similar activities as means of child care, enrichment, or just for fun.  Remember, it is a vacation for your children who have worked hard all year.  Most settlement agreements contain provisions for how such costs will be allocated between the parents.  Make sure you follow the procedures you agreed to.

As with many aspects of your post-divorce life, dealing with summer parenting time issues may seem daunting at first.  Start working on it early and be reasonable with one another keeping the interests of your child at the forefront.  Having a carefully prepared custody and parenting time agreement can go along way towards minimizinv conflict.  Focus on enjoying time with your child.  That’s what it is all about.

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Divorce Judgment can be reopened due to fraud

During a divorce, it is critically important that each party make a full disclosure of all assets and liabilities. I often tell clients that I can deal with almost any situation as long as I know about it in advance. A recent case emphasizes this point.  Because the husband did disclose certain assets, his ex-wife was permitted to reopen the case.  This protracts the litigation and exposes the offending party to possibly having to pay the fees incurred by the innocent spouse.

 

FAMILY LAW 20-2-6453 Zuba v. Zuba, App. Div. (per curiam) (12 pp.) Plaintiff Patricia Hughes appealed the Family Part’s denial of her motion to reopen her final judgment of divorce. Plaintiff’s motion was based on her receipt of information that her ex-husband, defendant Bernard Zuba, had purchased property in Costa Rica and had a bank account in Belize that he concealed from her during the parties’ marriage and divorce proceedings. Plaintiff claimed that defendant intentionally concealed the existence of marital assets from her during the parties’ marriage and divorce. The appellate panel found that the proofs adduced by plaintiff meet the minimum threshold necessary to entitle her to discovery and potentially a plenary hearing regarding her claim. The panel concluded that the Family Part judge denied plaintiff’s motion prematurely, vacated the order and remanded the matter for discovery and further proceedings as necessary.

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Court issues ruling on nuanced emancipation case

Unlike some states, NJ does not have a predetermined age for a child that would allow the end of child support.  Financial obligations for a child end in NJ when it has been determined that the child is “emancipated”.  Emancipation is a factually specific analysis and subject to a great deal of interpretation.  In a recent case that has been approved for publication (meaning it now has precedential value for future cases), the NJ Supreme Court has issued an ruling that brings context to one of the many variables that may be present in a particular case.

FAMILY LAW
20-2-6451 Llewelyn v. Shewchuk, App. Div. (Rothstadt, J.A.D.) (14 pp.) In this case, we consider whether an adult child made a sufficient showing that she is not emancipated and entitled to continued support from her father, who had adopted her at an early age and later became divorced from her mother. The daughter voluntarily left her mother’s home at the age of twenty to live with her biological father, obtained part-time employment, sporadically attended school and arranged for her support in reliance upon the financial relationship she entered into with her biological father and his wife, who were under no obligation to support the daughter. We reject the daughter’s argument she is not emancipated and that she has not moved beyond her parents’ sphere of influence or responsibility or obtained an independent status of her own. While we recognize a child’s right to pursue support from a parent, even if the child no longer resides with either, we affirm the Family Part’s order, granting the father’s motion to terminate child support because his adult daughter was emancipated. [Decided April 13, 2015] [Approved for publication.]

 

 

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Listen to Divorce 101 brought to you by Sandy Durst & The Durst Firm

Several months ago I began hosting a radio show called Divorce 101 on 920 AM, The Voice.  Divorce 101 is intended to offer general legal information on NJ divorce and family law topics. From time to time there are guests who appear on Divorce 101 to offer their unique insight into issues that impact divorce and family law issues. the show airs at 11:oo am on Saturday mornings.  You can download and listen to all past episodes by going here.    www.920thevoice.com/divorce101/ondemad/episodes.aspx

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Tips on how to control your legal fees during your divorce.

 

 

Controlling your Legal Fees

 

The divorce process may be the first time you have worked with an attorney on an hourly basis. It is our goal to provide you with the highest quality legal services in the most cost-effective manner possible. The following suggestions are offered to assist you in controlling your legal fees.

 

 

 

Allow Us To Assign Work To Staff Members

 

The delegation of work to staff members (such as a paraprofessional or an associate attorney) will result in cost effective legal fees. Through our experience, we know which tasks can be delegated without a decrease in the quality of the services. If it is your preference for a shareholder or senior attorney to handle all aspects of your case, we will accommodate you; but, you may be paying for services which could be provided at a much lower billing rate by a staff person or associate attorney.

 

Organize Your Phone Calls and Emails

 

For clients who have not previously worked with attorneys on an hourly billing basis it is sometimes a shock to learn that they will be billed for each telephone conversation. In addition, the billing rate is usually in excess of the actual time spent on the call. The reason that the billed time may exceed the actual time spent on the call is because we are often required to review the file prior to the call, prepare a memo of the call or otherwise take some action subsequent to the call. Therefore, we suggest that you combine as many questions as possible into one call, that you organize your questions by writing them down before you call and that you write down our answers to your questions so that you do not have to call again with the same questions. This will help us to give you better service, and the charges for your phone calls will be minimized.

 

Returning Phone Calls

 

We try very hard to make ourselves accessible to our clients, and to return every phone call on the day on which it is received. In addition, our secretaries are usually available to take your calls and we have a voice mail system on which you may leave a message. We retrieve our calls from voice mail on a regular and frequent basis when we are out of the office, in court, during evenings or even over the weekends and will return your call as soon as possible. We ask that you reply to us as soon as possible. Much time is often wasted playing “telephone tag” with you.

 

Information Gathering and Preparation

 

During the course of your case, a great deal of information will have to be gathered such as financial records, employment verification, and similar documentation. Some clients are very cooperative in obtaining and organizing information. Other clients do not want to be bothered or they give us the materials in a “shopping bag” leaving us the task of sorting and indexing all the material. We are certainly willing to provide that service to you, but it is not an effective or economical use of your attorney’s time. We encourage you to work on your own to gather and organize as much information as possible. The review and analysis time, and correspondingly your billings, will be reduced considerably.

 

Think Before You Act or React

 

It is inevitable that you will have strong emotional reactions to various things that will happen in the process of your divorce. We urge you to think before you act, and to not create confrontations situations which may require expensive legal intervention. It is important to be proactive and not reactive. Examples of such conduct range from an act of domestic violence to stubborn failures to comply with court orders, to failure to return or pick up the children at regularly scheduled visitation time, to inflammatory comments and even threats. In many cases, thousands of dollars can be spent in legal fees addressing or responding to impulsive, angry or ill-conceived actions or reactions. Therefore, please think and respond maturely; speak to us if you are unsure of a course of action or seriousness of a spouse’s remarks.

 

Understanding the Role of Your Attorney

 

Clients will have often questions which go beyond legal issues and overlap into financial, child related and behavioral questions. We are trained and have experience as lawyers not as financial planners, child psychologists or counselors. Very often clients will want to discuss these issues with us when they can be discussed much more productively with a competent professional trained in the appropriate field. We will be happy to refer you to the professional best suited to help you.

 

Review Your Legal Bills

 

We will, without exception, send you a monthly billing for the work that has been performed I the preceding month. Each attorney personally reviews his or her own billing, and takes care to avoid or correct any errors which may occur in the billing before the bills are mailed to you. However, errors do occur. Please review each bill upon receipt, and contact us if you have any questions. If you discover charges which have been misdirected to your account or are inaccurate, let us know immediately so that they can be corrected and the final bill is accurate and complete. Do not hold onto your concerns until the conclusion of your case. If you do not raise concerns as the bills are provided to you, we will assume you accept the charges.

 

Pay Your Bills Promptly

 

The fee agreement which you have entered into with us imposes a service charge on unpaid billings. These service charges can significantly increase your total billings. To avoid these additional charges, please pay your bills promptly and in accordance with the fee agreement. Your failure to pay your bills promptly may cause the Firm to withdraw as your attorney. If you have any questions about the fee agreement or the billing, please do not hesitate to let us know. We value our relationship with you and appreciate the chance to represent you in this case.

 

 

 

 

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