In this episode of The Divorce Playbook with Frank LaRocca , we welcome guest Allison Fried, a QDRO Preparer at Capaldi Reynolds & Pelosi, P.A.
Tune in to this episode as Allison talks about:
Allison Fried specializes in labor unions & multi-employer benefit plans at Capaldi Reynolds & Pelosi, P.A. Since 2011, Allison J. Fried has drafted over 6,000 QDROs for retirement plans, including plans sponsored by private companies, unions, and state and federal governments. She has testified as an expert witness and has given presentations to law firms, bar associations, family lawyer groups on the intricacies of QDROs. She has written an article published in the New Jersey Family Lawyer and has lectured for continuing legal education.
Learn more about Allison Fried:
Visit her business website: https://www.capaldireynolds.com/
Connect with Allison on LinkedIn: https://www.linkedin.com/in/allison-fried-019bb011/
About The Divorce Playbook with Frank LaRocca
The Divorce Playbook with Frank LaRocca is the podcast to watch to learn about the x’s & o’s from the professionals who are subject matter experts in their area. Guests include judges (family court, mediation, ADR), forensic CPAs; matrimonial attorneys, psychologists/therapists and DV criminal attorneys.
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In this episode of The Divorce Playbook with Frank LaRocca , we welcome guest David Bruno, a Partner at The Bianchi Law Group, and a Certified Criminal Trial Attorney. David is a specialist in domestic violence defense and prosecution.
Tune in to this episode as David talks about:
Dave Bruno is a partner at The Bianchi Law Group, Former Major Crimes Assistant Prosecutor, and National TV Legal Analyst. David handles criminal defense, municipal court, and domestic violence restraining order cases in all twenty-one New Jersey counties and in the District of New Jersey. Dave possesses the tenacity and ability and willingness to go to trial that is the hallmark of The Bianchi Law Group, LLC. His litigation philosophy is that preparation for court and one’s reputation as a lawyer able and willing to go to trial often results in more favorable outcomes for clients.
A former Assistant Prosecutor in the Morris County Prosecutor’s Office and trial defense attorney, David brings to his practice considerable experience both building and defending cases, an asset that proves invaluable when representing his clients. He is certified by the New Jersey Supreme Court as a Certified Criminal Trial Attorney, one of only approximately 250 out of the more than 98,000 attorneys in New Jersey.
Learn more about David Bruno:
Visit his business website: https://bianchilawgroup.com/
Connect with David on LinkedIn: https://www.linkedin.com/in/dbrunoesq/
Twitter: https://twitter.com/DBrunoEsq
About The Divorce Playbook with Frank LaRocca
The Divorce Playbook with Frank LaRocca is the podcast to watch to learn about the x’s & o’s from the professionals who are subject matter experts in their area. Guests include judges (family court, mediation, ADR), forensic CPAs; matrimonial attorneys, psychologists/therapists and DV criminal attorneys.
Subscribe to The Divorce Playbook with Frank LaRocca podcast on Apple
Subscribe to The Divorce Playbook with Frank LaRocca Video Series on Youtube
In general, the court wants each party to eventually be able to financially support themselves, but since divorce causes major changes in the financial situations of a couple, the judge may be open to allowing long-term alimony payments. It really depends on your situation as to what the judge decides.
The general rule, according to NJ.com, is that alimony can last for the length of the marriage if your marriage was less than 20 years. For example, if you and your spouse were married for 10 years, then the court can order you to pay alimony for ten years.
There are exceptions if the circumstances of your marriage or your situations after the divorce require a lengthier time for payments.
For marriages lasting 20 years or more, the law used to allow for lifetime alimony where you would pay until one of you dies. However, reform in New Jersey led to lifetime alimony disappearing. Now a judge can issue open durational alimony. This will end when you reach full retirement age for Social Security.
Regardless of the court’s order, alimony will always end with your death or the death of your former spouse. You can also request the court to end the order if your former spouse begins living with a romantic partner and commingling finances with that person. If your former spouse remarries, this also will end your obligation.
]]>Falling behind on child support payments may lead to a series of consequences. Seeking a modification of your support order may be a better solution. In New Jersey, a substantial change in circumstances is grounds for modifying a support order.
As the paying parent, you may seek a reduction in the child support you pay. Your child’s co-parent also has the legal ability to pursue either an increase or a decrease in support. Either way, there must be a material change in circumstances.
The following life events may be sufficient:
When weighing modification requests, judges in New Jersey consider the state’s support guidelines. The judge in your case may also look at the initial order to see if a modification is in the best interests of your child.
The old saying, “it never hurts to ask,” does not apply to requests for child support modifications. If you are seeking a decrease in the amount you must pay, you run the risk of having a judge require you to pay more.
That is, a judge has broad authority to determine how much you must pay, even if that amount is higher than your existing support obligation.
]]>However, it may be more advantageous for you to take your divorce to trial. When you are deciding whether or not to go to trial, as per Forbes Magazine, make sure that you are considering the time and money required for a trial divorce compared to what your desired outcomes are.
Trial divorces require you to meet more often with your attorney as compared to settling the divorce. On its own, this will make the trial more expensive. However, with a trial divorce you also must show up for court hearings. You may have to take time off of work to attend these.
Trial divorces also require more time. You will need to wait for the court to have time in its schedule to hear your divorce. Waiting for this can take months, alone.
A settlement between any two parties having a dispute, whether the dispute is divorce or not, only works if both parties are willing to communicate and compromise. In some cases, ex-spouses are on such bad terms that negotiating is not a possibility.
In this case, you will need to take your divorce to court. Remember that in court you will need to prove to the judge using legal arguments that you should receive what you are asking for. Consulting with a trained attorney is a must.
]]>In these situations it can feel difficult or impossible to provide your child with that relief and support, but it is not impossible. There are things you can do to make the transition easier, including what type of custody arrangement you go for.
Divorce Magazine discusses some of the benefits shared custody has for both you and your child. First of all, studies have shown that children who spend at least 35 percent of their time with both parent have an easier time than children who do not. Some of the areas in which they excel include:
They are also less likely to suffer from depression and use alcohol, drugs or smoke. On top of that, they tend to have good relationships with both you and your co-parent moving forward into the future. This creates a more solid foundation for the rest of their life, providing them with much-needed stability and a sense of security.
It also benefits you and your co-parent, as it allows you to avoid the stress of a single parent household and lifestyle. This way, you get to split the burdens and joys of parenthood, along with the financial cost of raising a child. This helps lower tension between divorcees. It can overall improve the post-divorce relationship you share.
]]>New Jersey Courts provide this guidance on what types of income you should and should not include.
The guidelines seek to include all the income from both parents that you may have used to support your child if you and the other parent were living in a single household, such as:
You can figure yearly sporadic income such as royalties, commissions and the like by averaging the amount you or the other parent received over the past 36 months. However, if either of you can show that the sporadic income will not continue to be available, the judge may leave it out of the calculation.
The court has the authority to consider other sources as countable income, as well, if the judge deems it appropriate and it is not on the excluded income list.
If you receive child support from another source for a child from a different relationship, you should not include that money in the calculation. Means-tested income, assets that do not produce income, financial assistance for education and income that the child earns are not part of the equation. Income earned by a member of the household who is not responsible for your child’s support, such as a step- or grandparent, also does not count.
]]>A child who has both parents playing an equal role tends to be more stable, explains the Chicago Tribune. New custody arrangements have become more popular than traditional arrangements.
In the past, child custody arrangements tended to benefit one parent. In many instances, this was the father. Essentially, the child had one parent who had custody most often and another parent who saw his or her children on the weekends or rotating holidays. While these arrangements still exist, there is no longer a bias against either parent. Mothers and fathers have the same fair treatment when it comes to deciding child custody.
Modern custody agreements do not have one specific look. Modern custody focuses on the needs of the child and the stability of the household. Every family’s schedule is different and every child has different needs. For some families, children spending one week with one parent and the next with the other works great. This is especially helpful when both parents live close to one another.
Another common, modern agreement is to have one home for the children. The children stay in this home full-time, but the parents rotate in and out of the family home. This way, the children can adjust to the divorce without leaving their safe space or changing their routine.
]]>Here is some information from Forbes about how you can obtain the best custody determination with your demanding career.
When deciding child custody arrangements, the court is going to give precedence to the best interests of your child. It is vital that you spend time thinking about how you can help accomplish this goal. Often, parents are so focused on gaining an advantage over their former spouse that they may stop considering the most ideal conditions for their child.
Spend some time contemplating how you can best support your son or daughter in terms of maintaining stability for him or her. Try to picture what his or her daily life with you would look like and how you might balance your job obligations with situations such as:
By anticipating different scenarios and figuring out the best way to manage them, you demonstrate your willingness to put your child first.
Although you may want to spend as much time as possible with your child, it is important to be honest with yourself about whether this is a viable plan. You do not need to spend the exact amount of time with your son or daughter as his or her other parent to have a bonded, deep relationship. It is more important to spend quality time that you do have than to make promises you cannot keep.
For example, you may want to spend the same number of nights each month with your child as your ex, but this might not be feasible based upon your work obligations. If you travel frequently or find yourself working late multiple nights each week, committing to too many days and not being able to keep this commitment brings stress to both you and your child. Should you need a babysitter or nanny to assist with child care, hire someone who is dependable and responsible for those gap hours and arrive home from work at a reasonable hour. Try to work out some flexibility with your employer so that you and your child can spend worthy time together on your custodial days while you still devote the necessary attention to your career.
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