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.

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.

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.

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.

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.

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.

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

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.

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

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.