Divorced Parents and Teen Drivers - The Car Insurance Conundrum

Its a common issue; you have children, you get divorced, your children grow, and get their driver's license.  Then what?  As a parent, you must figure out how to handle the cost of insuring your newly minted teen driver.  You might be getting child support, but shouldn't your ex contribute extra to this new huge expense?  Recently, a court in Ocean County was called upon to decide whether the cost of car insurance for teenagers was included in the basic child support guidelines.  If it was, then the supporting parent was, arguably, not required to contribute extra to this new cost.  If it was not included, then perhaps the court could determine that the supporting parent would have to kick in a little extra to offset this expense.  I won't bore you with the lengthy technical analysis that the court went through to reach its decision; but here are a few important concepts noted by the court:  

(1)  Reasonable motor vehicle insurance coverage is highly critical to protect a teenage driver's health, safety and welfare; and reasonable coverage is equally significant for protection of the public at large from an inexperienced teenaged driver. 

(2)  Car insurance is mandatory in New Jersey.

(3)  Reasonable coverage for a new driver is practically unaffordable and unattainable by the custodial parent without additional contribution from both parents.

(4)  The cost of insurance is usually sudden and dramatic and can economically destabilize a conservative family budget.  

Based on these comments, it is easy to predict the court's decision; that consideration of these factors may logically constitute good cause for deviation from the basic child support guidelines in order to provide reasonable motor vehicle insurance coverage for protection of the child and the public at large.  In layman's terms, the child support figure can be modified by the Court to account for the expense associated with providing car insurance for a new driver. 

Still, how does one afford this expense?  There are options.  A recent Forbes article, Car Insurance For Divorced Parents of Teen Drivers outlined some of the legal requirements as well as options to consider for potential cost savings.   If you are the parent who pays support, it is prudent to mentally prepare yourself for the reality that your support obligation will likely increase when your child obtains his or her driver's license.  If you are the recipient of support, start shopping around for reasonable coverage and be prepared to address the cost with your ex.  If you cannot reach an agreement, contact an attorney for consideration of a motion to modify support. 

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

Best,  Stephanie

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

Can I Represent Myself in Family Court?

Are you the Do-It-Yourself  (DIY) type?  Many people are very self-reliant.  They are intelligent, have a college education, access to a computer (hey, you found this blog) and consider themselves quite practical.  These people paint their own living room, change their car's oil, research grass/lawn care and have a fabulous lush green front yard.  These people might even fix their own sink if it clogs, and they never panic at the sight of blood.  So naturally, they are confident that they can handle their own divorce, or arrange a custody or child support order.

So, why should you hire a lawyer to handle these pesky little legal issues?  Sorry, I cannot answer that question for you.  I am not a salesman and I will not waste time trying to convince you that you need me as your lawyer.  Only you can make that decision.   However, as you mull this decision over, as I am sure you will, consider the following.

Those who are Pro-se (do you know what that word means?) are expected to know the Rules of Court.  At last count, it is a 2,830 page book.  Are you Plaintiff or Defendant?  What if you have an existing Court Order and you want it modified - are you still the same Plaintiff and Defendant from the first order? 

To what are you entitled in a divorce action?  What if your spouse cheated?  Shouldn't the scum of the earth pay for it?  What about that 401K that you diligently saved?  Its all yours, right?  Or is it?  What about the money you inherited from your father?  Or the credit card debt that your spouse racked up re-decorating the house - you never wanted that 50" Smart TV, or the X-box, or the fancy throw pillows.  Best Buy and Bed Bath & Beyond don't care.  So which spouse pays that bill?

Child support?  Just submit your paystubs and the court can figure it out.  Right - except for when the paystubs do not reflect the true income.  Then what?  What if you or your ex have children with other people?  Is that relevant?  What about college?  Who pays the tuition?  What if you believe the child should pursue the military instead?

DIY-ers can probably find all of this information by doing research.  But when are you going to do that research?  On your days off?  After work?  Issues in Family Court are not weekend projects like painting your living room or fixing the sink.  On average, an uncontested divorce - truly uncontested - takes about 3 months.  Mildly contested actions take at about a year, and highly contentious matters can last 2 years or more.  Even a motion for child support can take 2-3 months.  That's a long time to DIY, especially if it becomes emotionally draining, as most family issues do.

Think about it.  Yes, you can DIY if you are willing and able to invest the time and energy (physical and emotional) that is required.  Or, you can hire a lawyer who already knows these answers.  Then you can spend your weekend with your children, or changing your oil, or working on your yard.  Maybe you could even - (gasp!) - meet a match at Starbucks!

Putting all sarcasm aside.... if you decide to DIY, good luck.  If you decide to hire a lawyer, make sure you are comfortable.  A good fit between attorney and client makes for a happier ending.

For more information or to schedule an appointment, I can be reached at 609-601-6600.  Find and Like my professional Facebook page for informative posts to like and share!

Best,

Stephanie