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Monmouth County Family Law Blog

Could you benefit from a postnuptial agreement?

As your wedding day inches closer, you may want to discuss the creation of a prenuptial agreement with your partner. If you don't get around to this or are unable to settle on terms, you may think that you've missed your opportunity.

While you can't create a prenuptial agreement after you tie the knot, there's another option: a postnuptial agreement.

Divorce and cryptocurrency assets

New Jersey couples going through divorce are likely to have disputes over how their assets will be divided. Thanks to the increased popularity of cryptocurrency, a growing number of divorcing couples will have even more to consider during the property division process. Dealing with cryptocurrency assets can make the divorce process much more difficult and time-consuming.

Cryptocurrency is a type of virtual currency, as it exists online and is traded in transactions using blockchain technology. Because every transaction is linked to a private and public key, it is possible to trace each transaction to a single person. However, the transactions that occur in person can be easy to hide.

Common co-parenting problems

When divorced parents in New Jersey decide to co-parent their children, they are bound to run into numerous arguments. After all, parenting is an emotional endeavor, so if either parent harbors any negative feelings toward their ex, they might inadvertently take it out on the kids.

There are numerous problems divorced parents might run into. To start with, they both might want to spend more time with the children to compensate for time lost as a result of the separation. Alternatively, the kids themselves might feel neglected from either parent, especially if said parent leaves a babysitter to look after the children rather than doing it themselves.

When is it important to hire a child custody lawyer?

For some divorced parents, hiring a child custody lawyer may be an issue that they are apprehensive about. They might feel that they are better off representing themselves. However, for many divorced parents in New Jersey and across the country, there are several circumstances when hiring a child custody lawyer can make all the difference between winning and losing a case.

To begin with, an individual may do well to get a lawyer if they are already at a disadvantage in comparison to their ex. This disadvantage may be that their ex already has a child custody lawyer, putting them in the proverbial lead. Alternatively, the disadvantage could be that the court looks at the ex in a more favorable light, something that happens when the court mandates that an individual take some sort of parenting classes or anger management workshop. The same goes if a court requires someone to undergo alcohol or drug treatment.

6 tips for telling your children about your divorce

It's in your best interest to do whatever it takes to minimize the impact of divorce on your life. However, this doesn't mean you should sweep it under the rug. For example, you need to tell your children about your divorce early on, to give them time to prepare for the changes that are sure to come.

Telling your children about your divorce is never simple, but it's a conversation you need to have. Here are six tips you can follow:

  • Choose the right time and place: Timing is everything when it comes to talking to your children about your divorce. Choose a place where they feel comfortable sharing their feelings. Just the same, choose a time when you can talk for as long as necessary.
  • Tell your children together: If possible, tell your children about your divorce together. This may be more difficult on you and your soon-to-be ex-spouse, but it's likely to make things easier on your children. And that's what matters most.
  • Don't get into the details: Your children don't need to hear about the details of your divorce, such as what caused it. Stick to the basics, as this should be enough for your children to understand what's happening.
  • Answer questions: You need to do more than tell your children about your divorce and move on. It's important to answer questions, as this can help to better comfort your children. Some questions may make you uncomfortable, but do your best to provide age-appropriate answers.
  • Don't stop after the first conversation: You'll feel better after you have this talk with your children, but it may be just one of many. If your children have questions or concerns in the future, sit down with them to work things out.
  • Take care of yourself: You can't take care of your children if you're not caring for yourself. Do whatever it takes to maintain a healthy mind and body during this challenging time.

How people may attempt to hide assets in a divorce

Tax returns, pay stubs, and other financial records may provide clues for people in New Jersey who are concerned about a spouse having an affair or hiding assets during a divorce. Changes in spending habits or movement of money around accounts could indicate an attempt to conceal something.

There are many ways people can hide extra money. One woman took out a little extra cash each time she went grocery shopping and accumulated $30,000 in a safe deposit box. A man created an entity of a company he already owned in another state and used the address of the woman in that state with whom he was having the affair. A man overpaid his estimated tax with the intention of filing after the divorce and claiming back the overpayments. His wife became suspicious when he failed to filed tax returns. In some cases, it can be difficult to identify where extra saving or spending is happening. One man always bought the same for thing his wife and the woman he was having an affair with, so there was just one charge on the credit card bill.

Obtaining financial records is a critical step before a divorce

Everyone has heard horror stories about divorce gone wrong. From tales of good parents cut off from visitation with their children to lopsided asset division outcomes that seemingly penalize one spouse, there are many frightening stories in the media, online and available in your circle of friends and acquaintances.

All of the potential pitfalls of divorce can leave people feeling like they might prefer to stay married just to avoid the trouble. However, if your marriage has already reached a point where both you and your ex are unhappy and unable to work on the relationship, divorce may be inevitable. The good news is that those scary stories are often either wildly exaggerated or skewed by containing only one person's perspective.

Rules surrounding child support

Many parents in New Jersey find the rules surrounding child support payments to be confusing, especially when it concerns the termination of said payments. These noncustodial parents aren't sure whether they are still obligated to meet their court-mandated financial duties if they are denied visitation. There's also a lot of uncertainty about what happens in the event that the child doesn't want to receive money from the parent.

Despite the confusion, most of the rules are clear. Even though it may seem counterintuitive to many parents, the courts see visitation and child support as two separate matters that are completely unrelated. Therefore, the cessation of one is no grounds for withholding the other. In other words, if the custodial parent chooses to deny the noncustodial parent visitation, the noncustodial parent does not have the right to reply in kind by not paying for child support. Instead, the noncustodial parent should contact the court and report the situation.

Enforcing child support payment

Even though the court may decide that a non-custodial parent is responsible for paying child support, it is not always the case that parents come through on their financial obligations. Fortunately, the Child Support Agency in New Jersey has several tools at its disposal, all of which have the power to compel the delinquent parent to pay what they owe. Furthermore, the state of New Jersey keeps a digital record of all the child support payments due along with the ones that have been paid.

There are many things the Child Support Agency can do to enforce payment, starting by taking the money by force, which can take the form of income withholding or asset seizure. Additionally, if the non-custodial parent is supposed to receive federal or state tax refunds, they may be denied said refunds, which will be directed toward paying for the child support. Similarly, delinquent parents who win money playing the lottery or at a casino will be forced to pay child support from their winnings, especially if these winnings are above a certain limit.

Are you ready for the realities of co-parenting?

Divorce is a way for people to move on and find happiness again when a marriage fails. Unfortunately, for many couples, divorce is not an ending so much as a change in the terms of the relationship. For couples who share children, the reality of divorce is much more complex than for divorcing couples without kids.

Specifically, there is no clean break possible, as the New Jersey courts are almost certain to arrange shared custody. The courts favor shared custody arrangements because research makes it clear they're usually what's best for kids. These arrangements, often called co-parenting situations, require that you and your ex find a way to work together after your divorce.

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To schedule a consultation, call LaRocca Hornik Rosen Greenberg & Crupi, LLC, at 732-246-2112 or contact us online. We serve clients in Monmouth County, Ocean County, Middlesex County, and central New Jersey from offices in Freehold and Red Bank.

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