Trick or Treat?

Halloween will be here before you know it.  Many  kids have already snagged the Party City catalog to scan the costume selection.  If your kids are like mine, they've changed their mind on their costume three times already!  Single or divorced parents may often wonder if their children would ever be able to come to their neighborhood on trick-or-treat night.  Until recently, New Jersey's Court Holiday Parenting Schedule did not include a provision for Halloween; but now it does. 

The Court's Holiday Parenting Schedule in Vicinage 1 (Atlantic & Cape May County) includes a provision for  Halloween Trick-or-Treat, and states:

"Each parent shall have the child(ren) for trick or treat purposes as scheduled in their community.  If the parents live in the same community or if the communities have designated the same date and time for trick or treat, then the parents shall alternate on a year by year basis, with Father having child(ren) on odd years and Mother having child(ren) on even years."

With the addition of this spooky provision, each parent can take their child trick-or-treating in their own neighborhood.  In the event of a conflict, then the parents must alternate depending on the year. 

It is important to note that the revised Court Holiday Parenting Schedule only applies to parenting plans put into effect after April 1, 2015.  Parenting plans effective prior to that date should follow their existing schedule.  Of course, parents can always agree to modify the holiday schedule to meet their own needs and those of their children.  If you can, consider adding this Halloween provision to your agreement.  I'm sure we all agree.... kids can never have too much candy!  (wink, wink)

For more information on custody, support or divorce issues, schedule an appointment.  I can be reached at spedrick@youngbloodlegal.com and 609-601-6600.

For daily informational posts on family law and guardianship issues, like my Facebook page.

Happy Haunting! 

 

Stephanie

 

The Name Game

Recently I was asked who gets to choose the last name of a newborn child?  Typically, this issue comes up when a child is born to parents who are not married.  After the birth, the mother is usually given a form to fill out in the hospital "naming" the child and identifying the mother and father.  This information is used to create the birth certificate for the child.  So what happens when the mother and father each want the child to have their last name; who wins the debate?  If the parents cannot agree, then the mother's choice will likely prevail. 

The common theme in New Jersey in issues relating to children is "the best interest of the child".  Once again, our courts utilize this standard when deciding disputes over a child's name.  There is a strong presumption that the name selected by the custodial parent is in the child's best interest.  Assuming the birthing mother is to have custody of the child, then the presumption is in favor of the mother's choice.  But if the mother was not to have custody; in an adoption case for example, then the adopting (custodial) parents' choice would prevail.   

There are also circumstances where a parent seeks to change a child's last name.  For example, a step-parent decides to adopt their step-child.  Should the child's name automatically change to that of the step-parent?  Or, what if custody changes; will the new custodial parent get to change the child's name without question?  The courts will always look to the best interest of the child.  Evidence that a child has used another parent's name for a period of time, or if the child has a level of comfort with a certain name, will weaken the custodial parent's choice.  Other factors that our courts examine include the length of time that the child used one surname; the identification of the child as a member of a family unit; the potential anxiety or embarrassment a child might experience if their surname is different from the custodial parent and any preference that the child might express, if sufficiently mature to express same.

There is rarely a bright line rule.  Family  matters are always fact sensitive.  What is right for one family or child may not be for another.  You should always consult with an experienced family law attorney for advice specific to your case. 

For more information, or to schedule a consultation I can be reached at 609-601-6600.  For daily posts and information on family law and guardianships, I invite you to like my page on Facebook.

Have a great week!

Stephanie

Divorce Is Booming Among Baby Boomers

Its called "gray divorce"; implying that baby boomers getting divorced are old and gray.  Hey - there might be a few gray hairs in there, but its nothing a trip to the salon can't fix.

"Baby boomers", those born between 1946-1964, are getting divorced at an increasing rate according to this article from 2013.  And while divorce at any age can be financially challenging, divorce in your later years can be more complicated and financially burdensome.  That's because most baby boomers, or people in their 50's and 60's, have worked a full career and have saved and invested their money for retirement.  During divorce, those retirement assets and accounts are subject to equitable distribution and must be shared with the spouse.  Why?  Because theoretically, when you saved that money, you were doing it with the idea that you and your spouse would share in the wealth in retirement.  The fact that you are splitting up does not negate the fact that you each expected that money to be there.  An attorney experienced in family law can explain your economic rights and suggest practical options for minimizing the economic impact.

Divorce in your 50's and 60's can also be emotionally daunting.  Getting back into the dating game after many years of marriage might seem overwhelming and confusing.  Is the word "date" even appropriate any more?  With social media and online dating sites in abundant supply, its a whole new world out there.  Carol  Johnson explains how she got back in the groove in What It's Like To Get A Divorce -- And Start Over -- At 58.  Having a supportive network of friends, coworkers and experienced professionals such as an attorney, accountant and counselor, will help you get through it.

For more detailed information on divorce and your economic rights or obligations, schedule a consultation.  I can be reached at 609-601-6600.

For daily posts and information on family law and guardianships, I invite you to like my page on Facebook.

Have a great weekend!

Stephanie

Alimony Reform: One Year Later

On September 10, 2014, exactly one year ago today, New Jersey's Alimony statute was amended.  There were two big changes; the first was the elimination of "permanent" alimony to what is now termed "open durational" alimony.  The second big change was the addition of a provision that alimony may be suspended or even terminated in the event the payee cohabits with another person.

In ruling on a request for alimony, the court will review and analyze at least fourteen different factors.  One of the factors is the length of the marriage.  For any marriage less than twenty (20) years in duration, the total duration of alimony shall not, except in exceptional circumstances, exceed the length of the marriage.  Many people mistake this to mean, for example, that a marriage of 7 years equals 7 years of alimony.  In fact, what the statute says is that alimony shall not exceed 7 years, and it could be less.  For marriages 20 years and over, it becomes more complicated.  Most practitioners will counsel their client to expect to pay alimony for at least 20 years; maybe longer.  Open durational alimony does not have a specific end date.  Indeed, it could very well be permanent.

The cohabitation revision was a much applauded change.  Most people know someone who tells their horror story of continuing to pay alimony to their ex-spouse while the ex has entered into a new relationship. The typical story line involves the ex living with their new love, displaying their affection for one another to the world, and presenting themselves as a much in-love happy pair.  Yet, they stop short of  marriage in order to keep the alimony paycheck rolling in.  Under the Alimony Reform Act, cohabitation is much more than a spring fling.  There are seven different factors that a court will evaluate in determining whether cohabitation is occurring; among them is whether the couple has intertwined their finances, shares household chores, and any indicia of a "mutually supportive intimate personal relationship".  A finding of cohabitation can result in the termination, or at least suspension, of the alimony obligation.

For more detailed information on your rights and obligations for alimony, schedule a consultation.  I can be reached at 609-601-6600.  

For daily posts and information on family law and guardianships, I invite you to like my page on Facebook.

Best,

Stephanie