By Jennifer J. Krabill on June 23, 2010
One of the most commonly asked questions I am asked when dealing with domestic violence is whether or not a person can change the locks on the marital residence?
You cannot just change the locks simply because you don’t want to live with your spouse any longer. Both parties have the right to remain in the marital home without interference from the other person.
However, if a restraining order has been obtained, and you have been given the right to remain in the home, you will be able to change the locks, and should do so as soon as possible for the safety of your and your children.
Also, if you spouse has moved out voluntarily, you may be able to change the locks. You need to be careful in this situation. If your spouse has gotten his/her own apartment or home or is staying with relatives on an ongoing basis, you may be able to change the locks and prohibit them from returning to the residence. However, it is always important to seek the advice of an attorney before you take any action.
Posted in Divorce, Domestic Violence
By Jennifer J. Krabill on June 17, 2010
Did you know that 1 out of every 4 women will experience domestic violence in their lifetime? For more information and statistics on domestic violence in New Jersey, view this website.
New Jersey domestic violence facts
Are you being physically or emotionally abused? If so, there are people who can help. There are alternatives for you and your children. There are organizations in Monmouth County that can help guide you in the right direction.
Posted in Child Support, Custody, Divorce, Domestic Violence
By Jennifer J. Krabill on June 13, 2010
According to the statistics of the National Coalition Against Domestic Violence, in 2006, there were 20,857 children that witnessed a domestic violence offense. More shocking is that 3,888 children were actually involved. You may think that your children are too young to understand what they are seeing or think that they have not witnessed any violence, but I cannot stress enough that children, even at young ages, are extremely perceptive and can sense violence and or stress in the household.
The numbers directly above present an even more desperate picture when viewed in conjunction with the studies that show that boys who have grown up in an environment that involves domestic violence are twice as likely to abuse their future partners. Unfortunately, this statistic does make sense. Children are like sponges. They soak up information and knowledge from their environment and put those experiences into practice in their own lives. People need to be very careful about the incidents children are exposed to in the home.
If you feel you need help, there are legal professionals that can help protect you and your children from domestic violence. Please call today with any questions.
Posted in Custody, Domestic Violence
By Jennifer J. Krabill on June 10, 2010
Obviously, the guidelines take into account the gross income each party earns from their respective employment. However, the guidelines define “gross income” as any monies earned or unearned over an extended period of time. Keep in mind, any unearned income needs to be recurring in order to be added to the guidelines. This is one area where the Court has wide discretion to determine what income may be considered “recurring” and what constitutes an “extended period of time”. There is no hard and fast rule in the state of New Jersey.
The following is a small list of items the court will consider to be income when calculating your child support in New Jersey: wages, bonuses, income from the operation of a business, retirement account distributions, tips, alimony, civil lawsuit awards, IRAs, unemployment benefits, gambling or lottery winnings, worker’s compensation benefits, or interest in decedent’s estate. Although this is not a complete list it is certainly a good place to start.
Posted in Child Support, Divorce
By Jennifer J. Krabill on June 5, 2010
Appendix IX of the New Jersey Court Rules explains the Child Support Guidelines used to calculate child support in the state. The general rule in New Jersey is that support should be calculated based on the guidelines in every case. However, there are certain circumstances which allow people to deviate from these guidelines and use their own support agreement. You need to be aware that if you are planning to use your own figures and not go by the guidelines, you will need to show good cause to the Court.
Initially, the guidelines were established in order to have consistency and fairness for every child in New Jersey. This approach makes sense and has been adopted in most states across the country. The Guidelines are based on the Consumer Expenditure Survey which has research on how families use their income to support their households. This survey looks at the geographic location of families, the size of the household and other economic factors. Child support in New Jersey is certainly more predictable then alimony and is based largely on the amount of money earned by each parent and the amount of time spent with the children.
Posted in Child Support, Divorce
By Jennifer J. Krabill on June 2, 2010
Pensions, IRAs, 401ks or any other retirement account are subject to equitable distribution in the state of New Jersey. The general rule is that you will be entitled to half of the funds that accrued during the marriage. It is important to understand these accounts and how they were handled during the marriage. If you or your spouse had a retirement account prior to the marriage and stopped contributing to it during the marriage for whatever reason, it may not be subject to distribution.
The term or time frame, “during the marriage” under New Jersey law generally is the date you were married and the date you or your spouse filed the complaint for divorce. Therefore, when you are trying to calculate how much of the retirement account you may be entitled to, you should not look at when the divorce was finalized. Often times, a divorce action will take up to one year to complete and you will not be entitled to any increase in the account during the time the divorce was pending.
There is also an important distinction under New Jersey law depending on the status of the account. For example, if you or your spouse is currently drawing on a pension it may be considered income as opposed to an asset. If the account is considered income as opposed to an asset, it may be used to calculate any alimony obligation as opposed to a lump sum transfer.
Posted in Alimony, Divorce, Equitable Distribution
By Jennifer J. Krabill on May 26, 2010
In New Jersey, the most common questions about insurance involve life insurance and health insurance. The following pertains to health insurance.
Health Insurance
Many times during a divorce, one spouse carries the health insurance for the entire family and the other spouse may not even have the option through their employer to gain their own insurance. It is important to know that once your divorce is final, you cannot stay on your spouse’s health insurance and you will have to obtain your own policy. The children will be able to maintain coverage, but you will either need to obtain your own policy through your employment or inquire into COBRA benefits through your spouse’s employer. This is a major concern for many stay-at-home mothers who will be facing a tremendous expense for health insurance. There is no easy answer. You need to look into all available options and keep this expense in mind when calculating alimony.
Jennifer J. Krabill, Attorney At Law
Posted in Alimony, Child Support, Divorce
By Jennifer J. Krabill on May 24, 2010
This type of behavior is called dissipation of marital assets or property and, unfortunately, it is quite common in pending divorce actions. Each individual case is different and the courts will look to a number of different factors if one party is claiming that the other is taking joint money and either spending it, or attempting to hide it. Basically, the term dissipation is used when a spouse is using money for non-marital purposes at a time when the marriage was in serious trouble. It is not a clear line as to when you can claim something has been dissipated, but the court will look at a variety of factors, including:
a. the timing of the expenditure in relation to the parties’ separation,
b. whether the expenditure was typical of the parties spending habits in the past, would that purchase had been made if the marriage was not in trouble
c. whether the expenditure benefited both parties or the financial situation of the parties as a married couple or was for the benefit of one spouse to the exclusion of the other, and
d. the need for the expenditure and its amount.
The courts will really try to analyze the intent of the spouse who made the purchases. If it can be proven that the money was taken or spent with the intent to keep the other party from having access to it, then the court will most likely make the dissipating spouse responsible for repaying those funds.
Posted in Divorce, Equitable Distribution
By Jennifer J. Krabill on May 21, 2010
I just saw this article and thought I should post it. Some of it makes sense, however, statistics can only give you the odds of something. Take this article for what it’s worth, but there are some good tips in there. For example, arguments over finances take a huge toll on a marriage. The statistics clearly show that couples that fight more about money are more likely to get divorce and that certainly makes sense.
Take a look:
http://www.thedailybeast.com/blogs-and-stories/2010-05-19/15-ways-to-predict-divorce/?cid=hp:mainpromo6
Jennifer J. Krabill, Attorney At Law
Posted in Divorce
By Jennifer J. Krabill on May 15, 2010
There are a couple of different ways to divide a retirement account depending on what type of account it is and which company is holding the funds. However, the most common way to divide these accounts is through a QDRO. The Divorce Reform Act of 1988 was created to allow a non-participating party to roll-over or acquire the benefits the same as the participating party through a QDRO.
A QDRO is short for Qualified Domestic Relations Order and is an order signed by a Judge in the state of New Jersey. Most employers have their own separate legal department to handle the form and specifications needed for a QDRO. Each company will also have their own form and require certain information be provided in very specific way which makes the preparation of these documents complicated. Most attorneys now hire accountants to prepare these orders due to their specialized nature.
If you have already finalized your divorce but are waiting for the retirement accounts to be divided, you should contact the law office to find out additional information.
Posted in Alimony, Divorce, Equitable Distribution
