Spring Training for Family Law

Family Law issues are rife with emotional highs and lows.  Whether you are in an unsatisfying relationship, need an increase in child support, or are trying to figure out how you and your ex will pay for your children's college expenses; family issues are usually always stressful.  Changes in your everyday routine can exacerbate that stress.  The holiday season is an obvious example of when our routines are shaken up.  But even seemingly innocuous changes in life, like the change in seasons, can cause increased tension.  Here are six tips to help you get through it, and prepare for action.

1.  First of all, make a resolution.  We typically think of New Year’s Resolutions, but the Spring season is a time of new beginnings.  We observe it every year when we begin to hear birds chirping in the morning, or when the crocuses start popping through the soil.   Spring is the start of new sports; our kids put away their football cleats and dig out the lacrosse sticks, and our favorite baseball team starts "spring  training".   So start your own "spring training"; set a goal to get out of a bad relationship or file a motion to modify support.  It can be a very empowering decision.  It can be your New Beginning.  

2.  Start gathering documents.  Your attorney will need bank statements, your last tax return, 3 paystubs from each party and information on utility bills, mortgage or rent payments.  

3.  Determine your goal.  Do you want primary physical custody of your children?  Do you want to remain in the  marital home?  Do you need more child support because you lost a job?  Have a primary goal and a secondary goal. 

4.  Talk it out.  Talk to a friend, clergy member or counselor.   Being able to vent your feelings can help you focus on what you really want.  You must be able to calmly express yourself to your lawyer.

5.  Retain an attorney.  Ask friends for recommendations and then schedule a consultation (or two).  You need to feel comfortable with your lawyer.  The essence of a lawyer/client relationship is trust.  If you feel comfortable with and trust your lawyer, you will more than likely be happy with the end results.

6.  Last but not least, take care of yourself.  Now that the weather is getting nicer, go outside and get some fresh air; get a manicure or have dinner with a friend; play a pick-up game with your buddies or grab a beer after work.  It’s okay to laugh and have fun, even when you’re going through a difficult time.

Take some silent pleasure when you hear those birds in the morning.  Its nature's message to you -- start spring training and be responsible for your own "New Beginning".

For more information or to schedule a consultation, I can be reached at 609-601-6600.   For interesting posts and helpful links, "Like" my professional Facebook page. 

Best,

Stephanie

RETIREMENT: AN ALIMONY PAYOR'S LIGHT AT THE END OF THE TUNNEL

As a lawyer, I love "new law".  When the legislature enacts a new statute or law that impacts my practice, it can be fun.  It mixes things up.  If the law never changed or evolved there would be very little to legitimately debate on a daily basis.  New law creates opportunity for people, and it creates new argument for lawyers.  The Alimony Reform Act of 2014 is "new law".  Although the Reform Act is about 17 months old, it is still considered "new", and it created opportunity for retirees to end their alimony obligation.  It also created arguments for lawyers.

Prior to the Alimony Reform Act of 2014, an obligor who desired to retire was nevertheless still obligated to pay spousal support pursuant to the existing Order for support unless he or she could establish, in the eyes of the Court, that the advantage to the retiring payor spouse substantially outweighed the disadvantage to the payee.  Many obligors felt trapped in an obligation such that they could never fully retire or slow down to enjoy the sunset of their lives.  The Alimony Reform Act, approved on September 10, 2014, sought to provide relief for retirees strapped with a permanent alimony obligation.  The Reform Act, which amended the existing statute, N.J.S.A. 2A:34-23, added an entirely new subsection devoted to retirement. 

N.J.S.A. 2A:34-23 (j)(1) states that there shall be a rebuttable presumption that alimony shall terminate upon the obligor spouse or partner attaining full retirement  age.  "Full retirement age” is defined by the Social Security Administration and depends upon the year of one’s birth.  Currently, for obligors who were born in 1960 or later, full retirement age is defined as age 67.  This rebuttable presumption only applies to divorces that take place after the effective date of the Act.  Importantly, notice that the presumption of termination can be overcome.  The statute and its new subsection (j)(1) sets forth several factors that an obligee (the spouse who receives the alimony payment) can argue for a continuation of alimony despite the payor's retirement.  The new subsection of the statute, at (j)(2) also addresses the situation when a payor desires to retire "early"; as in, prior to their defined full retirement age.  That analysis requires the Court to evaluate a different set of factors.

But what about situations where the alimony award was entered prior to the effective date of the Act?   (In other words, all of the divorces granted before September 10, 2014)   The Reform Act sought to address that issue too and set forth yet another list of factors that a court must consider under subsection (j)(3).  

As lawyers, we thought we understood it.  Even though there was no caselaw yet interpreting the statute, the language of the new subsection (j) seemed clear.  But in November 2015, the New Jersey Appellate Division decided a case that left family lawyers scratching our heads in puzzlement.  The results of that case caused confusion as to which part of the statue applied in retirement cases.  It was (and is) a big deal because there are different standards and burdens of proof depending upon which part of the statute is applicable in a given circumstance.   Yesterday, February 22, 2016, we received clarity.  The Appellate Division decided another case and specifically delineated which part of a statute applies. 

The bottom line is this:  if you pay alimony and want to retire and terminate your support obligation, you can.  There is a way out.  There is a light at the end of the tunnel.  You just need to  make the right argument to the Court.  A good lawyer, knowledgeable on the law and its new developments, will know which factors of the statute apply to your case and will make an effective argument on your behalf.

For more information or to schedule a consultation, I can be reached at 609-601-6600.  For daily posts with interesting articles and links, "Like" my professional Facebook page.

Have a great day,

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