Mount Holly Legal Issues Blog

The nature of prenuptial agreements may be shifting

On behalf of The Law Firm of Michael S. Rothmel, LLC posted in divorce on Thursday, September 14, 2017.

Any couple who is getting married in Mount Holly has probably heard of of a prenuptial agreement. Sometimes called prenups, they are typically used to hash out agreements on certain issues should one of the partners pass away or should the marriage end in divorce. They are commonly used by people who are very wealthy and wish to handle their assets a certain way and by people who have children from prior marriages. However, times inevitably change and it appears as though the types of things people are including in their prenups is changing with them.

One area in which some lawyers report seeing increased activity is the inclusion of lifestyle clauses, according to MarketWatch. A lifestyle clause dictates something about how one or both partners may go about leading their lives. For example, this type of language in a prenup may cover a certain behavior. Perhaps a spouse wants to limit how much his or her partner smokes or drinks, or wants to make sure that they spend a certain amount of time on vacation together each year.

Detailing New Jersey's income withholding guidelines

On behalf of The Law Firm of Michael S. Rothmel, LLC posted in child support on Thursday, September 7, 2017.

While most divorced parents who are obliged to pay child support may not have an issue supporting their children, missed payments remain a problem both in Mount Holly and throughout the rest of the U.S. Those who have been named as obligees of a child support agreement may fear that any unsettled disputes between them and their ex-spouses may prompt obligors not to pay. However, in many cases, child support payments are not made through an "on-my-honor" system (meaning that it is simply left up to the obligor to make his or her payments). Rather, if an obligor has regular employment, he or she is required to pay through an income withholding.

According to the New Jersey Judiciary, since the passage of the federal Family Support Act in 1988, income withholding for child support payments has been mandatory. What this means is that an obligor's employer is notified once a child support agreement has been enacted. The employer is then required to withhold the amount specified from the obligor's paycheck and send that withheld amount to the New Jersey Family Support Payment Center. If and when an obligor leaves his or her job for another, it is up to him or her to notify state officials of the change so that a new withholding arrangement can be made with his or her new employer.

Describing the different types of alimony in New Jersey

On behalf of The Law Firm of Michael S. Rothmel, LLC posted in alimony on Friday, September 1, 2017.

The end of your marriage in Mount Holly can bring with it a great deal of uncertainty, particularly if your ex-spouse was the primary income earner in your home. Of the many clients in your same situation that we here at The Law Firm of Michael S Rothmel LLC have worked with in the past, some look forward to supporting themselves, while others fear that they will not be able to return to same standard of living they had while married. Whereever in that spectrum you may fall, know that the state has different forms of alimony that can custom-fit your situation.

Section 34-23(b) of the state's statutues outlining the Administration of Civil and Criminal Justice shows that four types of alimony are awarded in New Jersey:

Open durational
Limited duration
Rehabilitative
Reimbursement

Landmark ruling changes standard for parents who want to relocate

On behalf of The Law Firm of Michael S. Rothmel, LLC posted in family law on Thursday, August 24, 2017.

Most divorced parents in Mount Holly who share custody cherish the time that they get to spend with their children. Courts usually work hard to ensure that parenting time is split fairly and in a way that benefits the children the most. However, when one parent wishes to rock the boat by moving away, it can cause big problems.

In the past, if one parent wished to relocate with a child, the court would consider whether or not such a move would hurt the child in any way. The assumption was that if the custodial parent was happy and enjoying a good standard of living, then the child would also be happy. And with modern technology such as video chats and text messages, communicating with a noncustodial parent who lives far away is easier than ever before.

The role of grandparents during divorce

On behalf of The Law Firm of Michael S. Rothmel, LLC posted in family law on Thursday, August 17, 2017.

When a divorce takes place in New Jersey, the children are greatly affected, sometimes even more so than the parents. In those cases, it is important that members of the extended family rally together to provide emotional support. Grandparents in particular may play a significant role in the healing process. According to The Attached Family, grandparents benefit children in a variety of ways. Not only do they offer emotional support, but they may also provide social stability during a very uncertain time in the children's lives. Close, regular interaction with grandparents may even help prevent the negative psychological effects that some children face in adulthood as a result of their parents' divorce.

In order for grandparents to have a lasting positive effect on their grandchildren, however, they typically need consistent contact. Regular time spent together allows for the growth of an emotional bond. As a result, the children may feel more grounded, since they know they have the unconditional love and support of their grandparents.

Men can be victims of intimate partner abuse too

On behalf of The Law Firm of Michael S. Rothmel, LLC posted in domestic violence on Thursday, August 10, 2017.

Anyone who has been part of a contentious relationship in Mount Holly knows how difficult it can be psychologically to suffer abuse at the hands of a partner. However, when most people think of domestic violence, they imagine a woman's abuse at the hands of a male partner. In truth, men can be victims too and often face added pressure when trying to cope with the situation.

According to the National Coalition Against Domestic Violence, physical abuse by a partner occurs in the lifetime of one out of every four men in this country. In addition, when that abuse is of a sexual nature, another male is more likely to be the perpetrator. Abuse can occur in different ways and is not always physical. A male can be intimated, stalked or controlled by either a male or female partner.

Some delaying divorce due to health care uncertainty

On behalf of The Law Firm of Michael S. Rothmel, LLC posted in divorce on Thursday, August 3, 2017.

Getting divorced in Mount Holly comes with a number of decisions that need to be made, many of which are financial. Spouses often share many things, including bank accounts, mortgages and insurance policies. However, according to the Huffington Post, health insurance companies do not usually allow a person to remain on their spouse’s policy once the couple is separated. The spouse who is not the policy holder then must seek out his or her own policy or opt for COBRA coverage.

The issue of health care is a hotly debated topic across the country right now. Republican lawmakers have been working to repeal and replace the Affordable Care Act, reports TIME Magazine. While those efforts have not yet come to fruition, the issue has many people thinking about what their options may be post-divorce.

Divorce: a new, positive outlook

On behalf of The Law Firm of Michael S. Rothmel, LLC posted in divorce on Thursday, July 27, 2017.

The words "getting a divorce" cover only the tip of the iceberg of legal requirements and issues that follow such a dissolution. In New Jersey, various guidelines apply to those filing for divorce, including the duration of New Jersey residency, deadlines for paperwork and other legal steps and court orders.

Med Law Plus covers vital information on divorce, as well as state-specific rules spouses must adhere to upon beginning the divorce process. First, Med Law notes that individuals must have lived in New Jersey for at least one year prior to filing for divorce. An exception to this rule is if the divorce arises out of adultery. In such cases, one spouse must provide an affidavit attesting that at least one spouse is a New Jersey resident at the time of the divorce. New Jersey offers both no-fault and fault divorces; there are additional guidelines for each type. The following grounds constitute for fault divorces:

Adultery
Extreme mental or physical cruelty
Imprisonment
Chemical dependency

What are some tips for asking my partner for a prenup?

On behalf of The Law Firm of Michael S. Rothmel, LLC posted in divorce on Thursday, July 20, 2017.

While deciding to talk to your future spouse about a prenuptial agreement in Mount Holly may not be an easy undertaking, it is in many ways a smart one. A prenup can afford you both with some financial protection in the event that you part ways at some point in the future. These types of agreements are utilized by many different types of people, not just millionaires and celebrities. Here are some tips for bringing up the subject with your partner.

There may never be an ideal time for having a serious conversation about this topic. However, the Huffington Post points out that there are definitely some scenarios that are not ideal. If at all possible, try to find a time when the two of you are alone, relaxed and not focused on any other priorities. Many couples discuss financial issues, such as opening joint bank accounts, before the wedding so that may be a good segue into a conversation about a prenup.

New assessment tool aimed at stopping repeat violent offenders

On behalf of The Law Firm of Michael S. Rothmel, LLC posted in domestic violence on Thursday, July 13, 2017.

When a partner turns violent in Mount Holly, it can be difficult to know what to do. While, unfortunately, many incidences of domestic violence go unreported, some people do turn to the authorities to intercede when a spouse becomes physical. However, even when faced with charges, some offenders are set free, opening the door for further violence to occur.

That is what happened in one recent case in New Jersey. A man was arrested for an incident at a woman’s house where he assaulted her while threating her with a gun. However, despite the seriousness of the charges he faced, he was released. He later shot and killed the woman before killing himself. It is precisely cases such as this that has led the state Attorney General to institute a new measure that authorities hope will prevent attacks like this in the future.

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