The Law Firm of Michael S. Rothmel, LLCBurlington County Family Law Attorney | Criminal Defense Mount Holly2024-03-13T14:42:04Zhttps://www.mr-law.com/feed/atom/WordPress/wp-content/uploads/sites/1603578/2020/05/cropped-The-Law-Firm-of-Michael-S-Rothmel-LLC-social-2017-01-13-01-13-58-1-32x32.pngOn Behalf of The Law Firm of Michael S. Rothmel, LLChttps://www.mr-law.com/?p=471112024-03-13T14:42:04Z2024-03-13T14:42:04ZChild support payments
Child support is typically paid by the non-custodial parent to the custodial parent. These payments help contribute to the child's expenses, such as food, clothing, education and healthcare. The amount of child support depends on factors like each parent's income, the child's needs and the custody arrangement.
Child support guidelines consider multiple factors, and it is important to prepare for this facet of divorce carefully. For example, make sure you gather any necessary paperwork and records needed to calculate support.
Failing to pay support
Child support payments are legally binding, and failure to pay can result in serious consequences. The New Jersey Legislature states that you could lose your driving privileges and even your freedom due to child support arrears. Not to mention, unpaid child support could shatter your reputation and create a considerable amount of stress. It is vital to fulfill your child support obligations to avoid these consequences.
If you are facing challenges with child support, look into potential options such as modifying your child support order or setting up a payment plan. Make sure you have a clear understanding of these options as well as your obligations. By approaching child support issues with transparency and cooperation, you can help secure your child's financial well-being post-divorce.]]>On Behalf of The Law Firm of Michael S. Rothmel, LLChttps://www.mr-law.com/?p=471082024-03-13T09:16:11Z2024-03-08T10:15:22ZThey can be modified, but only with that same court’s approval.
Understanding modification grounds
In New Jersey, a custody order can be modified upon demonstrating a significant change in circumstances that affects the child’s welfare. This includes shifts in employment, relocation, changes in the child’s needs or alterations in the family dynamic.
Initiating the process
To commence modification proceedings, you must file a motion with the court that issued the original custody order. This motion should outline the changed circumstances and their impact on the child’s best interests.
Documentation requirements
Complete the necessary forms, such as the Application for Modification of Court Order. This is crucial. Ensure accurate information, including the other party’s current address, for proper service of court papers.
Consent order option
Though, litigation is not necessarily needed. You and your ex can agree to child custody modifications. If both parties agree on modifications, a consent order can be presented to the court for approval, effectively modifying the existing court order.
Proving changed circumstances
Evidence of substantial changes since the last order must be provided to the court for consideration of modification. However, the paramount concern for the court is the child’s best interests, which encompasses their physical, emotional and educational well-being.
Conclusion
In conclusion, modifying a child custody order in New Jersey is possible, but it necessitates a comprehensive understanding of the legal framework and a well-prepared legal approach. You need to take the request to the court that issued the initial child custody order and file the appropriate form.
]]>On Behalf of The Law Firm of Michael S. Rothmel, LLChttps://www.mr-law.com/?p=471072024-02-26T19:26:55Z2024-02-23T19:25:25Zhow do I spot and stop child abuse when the abuser is your co-parenting or occurring when they are in their custody?
Understanding child abuse
Child abuse manifests in diverse forms. It encompasses physical, sexual, emotional abuse and neglect. Recognizing these variations is crucial to identifying potential signs. Physical abuse involves deliberate harm, while sexual abuse comprises inappropriate acts with a child. Emotional abuse can impact a child’s self-esteem, and neglect arises when basic needs are unmet.
Effective co-parenting plays a pivotal role in preventing child abuse. Emphasize open communication focused on the child’s well-being. Establish clear boundaries within parenting discussions and support each other. Recognize each parents’ equal rights and responsibilities. Actively listening to your co-parent fosters understanding and collaboration.
Doing the same for your child can also help you notice those signs of child abuse. Ask questions. Know who they are spending time with, and what they are doing. And, if you suspect something, speak up. Professional assistance is available through the state, non-profit organizations, your lawyer and the New Jersey court system.
Conclusion
Successful co-parenting requires open communication, mutual respect and an unwavering commitment to your child’s welfare. By remaining vigilant, understanding signs of potential abuse and utilizing available resources, you can foster a secure and nurturing environment for your child. Prioritizing your child’s well-being through cooperative efforts is the cornerstone of effective co-parenting .]]>On Behalf of The Law Firm of Michael S. Rothmel, LLChttps://www.mr-law.com/?p=471062024-02-22T19:56:27Z2024-02-22T19:56:27Z1. Property division disputes
Disputes over the division of marital property are common in high-asset divorces. With significant assets at stake, including real estate, investments and businesses, reaching a fair and equitable division can be contentious. Determining the value of complex assets and ensuring an accurate assessment of each party's contributions to the marital estate are important aspects of resolving property division disputes.
2. Alimony determinations
Spousal support, or alimony, is another area of contention in high-asset divorces. The financial disparity between spouses can influence spousal support decisions. So, too, can the lifestyle established during the marriage. However, calculating an appropriate amount of spousal support can be challenging. This is particularly true when there are substantial assets and income streams to consider. Negotiating fair spousal support terms requires careful consideration and thorough financial analysis.
3. Tax implications and asset protection
High-asset divorces also bring tax implications and asset protection considerations into the spotlight. Transferring assets between spouses during divorce proceedings can trigger tax consequences. Additionally, safeguarding assets from potential creditors or legal challenges becomes a priority in high-asset divorces. This requires strategic planning and asset protection measures to preserve wealth and financial stability.
Those in high-asset divorces must address complex financial matters. Understanding the potential problems that can arise can help mitigate complications and ensure a fair and equitable resolution for all parties.]]>On Behalf of The Law Firm of Michael S. Rothmel, LLChttps://www.mr-law.com/?p=471032024-02-08T03:21:00Z2024-02-09T03:20:50ZConsider market conditions and comparable sales
When assessing the value of your home, consider current market conditions and recent comparable sales in your area. Comparable sales, or "comps," refer to similar properties that sold recently nearby. Analyzing these sales can provide valuable insights into the market value of your home. Doing so can also help you establish a fair price.
Evaluate property characteristics and features
The specific characteristics and features of your home also help determine its value. Factors such as the size of the property, number of bedrooms and bathrooms, upgrades or renovations and overall condition can impact its market value. Factors such as location, school districts and neighborhood amenities can also influence the desirability and value of the home.
Seek professional appraisal or real estate guidance
In some cases, it may be beneficial to enlist a professional appraiser or real estate agent to assess the value of your home. An appraisal conducted by a licensed appraiser provides an objective and unbiased valuation based on thorough analysis and industry standards. Similarly, a real estate agent with local market knowledge can assist in determining an appropriate listing price.
According to Forbes, the median price for a New Jersey home in 2023 was $494,000. By understanding the factors that steer prices and seeking guidance when necessary, you can ensure a fair and equitable division of assets during your divorce.]]>On Behalf of The Law Firm of Michael S. Rothmel, LLChttps://www.mr-law.com/?p=471042024-02-08T22:40:57Z2024-02-08T22:40:57Zto know when exceptional circumstances might come into play.
Understanding exceptional circumstances with alimony
For marriages shorter than 20 years, the court will not order alimony for a duration that goes beyond the length of the marriage. Other issues can be considered to go beyond that. That can include how much time it might take for the person receiving alimony to get an education or job training for self-support, if there are children, the supporting spouse’s income, and the marital lifestyle. It will also look at the need for separate residences and the cost of living associated with it.
Regarding exceptional circumstances, the court can adjust the duration of alimony as it sees fit. The parties’ ages when they got married and when the alimony award is made will be considered. Age can be connected to future earnings, job prospects, needs and more.
Dependency will be factored in. If one person was the primary or sole breadwinner and the other person simply does not have the experience or education to maintain their marital lifestyle and support themselves, the court can address this with the alimony award. Health considerations such as a person having a chronic illness can lead to the alimony award going beyond the conventional boundaries.
In many marriages, a person put their own career and life objectives to the side to support the other person. If that has happened, then the court can adjust the duration and award accordingly. Equitable distribution of property is a fundamental part of every divorce case. How property is split can vary and if, in the court’s view, it is disproportionate, this can be mitigated through alimony.
Being prepared can help with a fair outcome in a divorce
The duration of the marriage will not prevent the court from exercising its discretion to go beyond the conventional parameters. Still, this can be worrisome to some as finances play a major role for the future. To be protected during a divorce, it is vital to understand the law and know how to ensure a fair alimony determination is made.]]>On Behalf of The Law Firm of Michael S. Rothmel, LLChttps://www.mr-law.com/?p=471022024-01-26T15:18:58Z2024-01-26T15:18:58ZEmotional abuse
One form of domestic violence is emotional abuse, which involves manipulating, belittling or controlling a partner's emotions. This type of abuse can leave lasting scars, impacting a person's self-esteem and mental well-being. Constant criticism, humiliation or isolation can be as harmful as physical harm, creating an atmosphere of fear and anxiety.
Psychological manipulation
Psychological manipulation is another insidious aspect of domestic violence. Perpetrators may use tactics such as gaslighting, where they distort reality to make their partners doubt their sanity. This form of abuse undermines a person's confidence, leaving them vulnerable and emotionally dependent on the abuser.
Financial control
Domestic violence extends beyond the emotional and psychological realms to include financial control. In some cases, abusers manipulate finances, limiting access to money or controlling financial decisions. This creates a power dynamic that can trap people in abusive relationships, making it difficult for them to escape.
Verbal abuse
Verbal abuse, characterized by insults, threats or constant yelling, is a form of domestic violence that leaves deep emotional scars. The impact of hurtful words can be as damaging as physical harm, affecting a person's mental health and overall well-being.
Isolation and coercion
Domestic violence can also manifest through isolation and coercion. Perpetrators may restrict their partner's social interactions, isolating them from friends and family. This control over a person's social life limits their support system, making it challenging for them to seek help.
Domestic violence is not confined to physical aggression; it encompasses a spectrum of abusive behaviors that affect people in various ways. If you experience any form of domestic violence, filing for divorce may be the best way to preserve your well-being. Recognizing the diverse forms of domestic violence is important for raising awareness and fostering a society that rejects all manifestations of abuse.]]>On Behalf of The Law Firm of Michael S. Rothmel, LLChttps://www.mr-law.com/?p=471012024-01-25T21:24:38Z2024-01-25T21:24:38ZGet prepared
The first thing to keep in mind is to get organized. This means that you prepare yourself with information about your assets, debt, household expenses and the income that both spouses earn. Start to plan your finances around the fact that property and debt division is an important part of divorce, and that your post-divorce financial situation may be much different.
Divorce in New Jersey, like all other states, is a state-law process – which means that there may be laws specific to our state and how divorce is handled in New Jersey that you need to be aware of as you get ready for the divorce process. And, make sure you know how a divorce case proceeds through the state court system.
Another point to keep in mind: Give yourself goals for the divorce process and make sure they are reasonable. Yes, you may have specific ideas about what assets you want, or how you want child support and custody to be decided, but remember that your soon-to-be ex-spouse has rights too. You may have to compromise, and you will most likely not get everything you want. Still, you absolutely can achieve your biggest goal: to get through the process and begin a new, independent life.]]>On Behalf of The Law Firm of Michael S. Rothmel, LLChttps://www.mr-law.com/?p=471002024-01-13T19:26:37Z2024-01-13T19:26:37ZUndermining the other parent’s authority
A common parental alienation tactic involves undermining the authority of the other parent. This may include questioning the other parent's decisions or portraying him or her as incompetent. It might also involve interfering with the other party’s parenting time. By diminishing the other parent's influence, the alienating parent aims to erode the child's trust and confidence in the relationship with that parent.
Creating false narratives
Another red flag for parental alienation is the creation of false narratives. This could involve spreading misinformation or fabricating events to paint a negative picture. The intention is to manipulate the child's perception. In doing so, the parent seeks to build resentment and distrust towards the alienated parent.
Limiting communication and access
Parental alienation often includes attempts to limit communication between the child and the alienated parent. This could involve restricting phone calls or monitoring and controlling interactions. It can also include scheduling activities during the other parent's visitation time. By creating barriers, the alienating parent seeks to disrupt the bond between the child and the targeted parent.
According to Psychology Today, about 4 million American children face alienation from one parent. Promoting open communication and seeking professional support can help mitigate the impact of parental alienation on families.]]>On Behalf of The Law Firm of Michael S. Rothmel, LLChttps://www.mr-law.com/?p=470992024-01-12T18:38:12Z2024-01-12T18:38:12Zcharacteristics of a failing marriage that you might want to be on the lookout for to determine when the time is right for you to seek marriage dissolution.
Some couples are able to work through their marital difficulties. If you’re facing any of the following, though, then you might want to consider whether marriage dissolution is right for you:
You and your spouse no longer have emotional, psychological and physical intimacy.
You’re being subjected to domestic violence or some other type of abuse.
Neither you nor your spouse are interested in putting forth effort to improve your marriage.
Your spouse has unrealistic expectations of you.
You and your spouse have developed differing goals and values.
Your spouse is unwilling to compromise, leaving you giving in to everything in your marriage.
Your spouse demonstrates a lack of respect towards you.
The marriage has been tainted by physical, emotional, or financial infidelity.
You and your spouse live like roommates.
You try to find ways to get out of the house and away from your spouse.
Your marriage is riddled with irritability.
Is it time for you to get divorced?
Again, that’s a question that only you can answer. However, if you’re experiencing any of the characteristics mentioned above, then you might want to more carefully consider whether divorce is right for you.
If that’s the path you choose to take, then be sure you understand the process and what it takes to protect your future as you navigate your marriage dissolution.]]>