Is it considered a "change of circumstance" to reduce alimony payments if my three kids will all be emancipated?:
I pay 1/3 of my salary in alimony payments. Is that reasonable? Since all three of my children will be emancipated within the next year and a half, is that grounds to motion for a change of circumstance. Also, her salary has doubled since we have been divorced 8 years ago. Does that qualify for a change of circumstance? How does the courts view alimony? It seems so outdated.
Please advise. Thank you!
Richard’s answer:
Keeping in mind that alimony is determined first, and then child support second, you may consider filing a formal Motion to (1) reduce or perhaps eliminate alimony based on the changed circumstances; and (2) terminate child support based on your children's emancipation.
Obviously. we family and divorce attorneys cannot give specific advice on your issue without an in-depth review of the history and current circumstances. That would entail meeting with you, reviewing your court papers, and maybe engaging in legal research if necessary. Depending on all this, we could offer your far better advice and a specific strategy to accomplish your twofold goals. But we cannot offer more in-depth advice in this forum because we simply do not know enough about your background.
So feel free to make an appointment for a consultation. In the meantime, please keep in mind that parties are not allowed to resort to "self help." This means that you cannot unilaterally decide to not pay. Either you and your ex reach an agreement and have an attorney prepare a "consent order," or, file the formal Motion and ask a Judge to decide. But you would be in contempt of a court order if you take any unilateral steps here.
I'm unmarried and having a baby with my boyfriend, if I give the baby his last name, will he have more rights?: I considered hyphenating but I've read so many problems with that.
Richard’s answer:
He will not have more "rights" than you. In New Jersey, parents who share "legal custody" have the same rights as each other. They have an equal share in all major decisions, such as education and religion. Also, it will not matter in terms of "residential custody" because that is something that needs to be worked out anyway.
The issue could be whether it later becomes appropriate to change the name. If he is uninvolved with the child, or does not care to parent the child, or has no interest in raising the child, you could later file an application to change the name. You will probably know early on whether your boyfriend will want to be involved. If not, you'd have to make an application later which he could challenge if he wanted to.
I have been married for five years can I receive alimony. Also can I get some of his 401 k the years we were married: I have been married for five years can I receive alimony. Also can I get some of his 401 k for the years we were married?
Richard’s answer:
You can certainly make claims for both. Alimony will depend on a series of factors, which are delineated in our statutes. The laws changed in September, 2014, to provide that the duration of alimony will not exceed the duration of the marriage except for exceptional circumstances. (In your case, absent exceptional or extraordinary circumstances, the duration of alimony would not likely exceed 5 years). The amount of alimony depends on other factors, which we divorce lawyers argue and negotiate all the time.
As to the 401k, yes, you are correct. You would likely have to obtain either a (1) Qualified Domestic Relations Order, or Q.D.R.); or (2) try to do a roll-over if possible. These are routine issues we deal with in divorces all the time.