Divorce

Neglecting Terms of Custody Agreement Have Costly Consequences

May 30, 2016 | Kearns Rotolo Law

When facing divorce, many parents will go to great lengths to arrive at custody agreements that protect the daily routines of their children as much as possible. Allowing children to remain with the friends and schools they’ve become accustomed to can prove helpful as they adjust to their parents’ divorce. Unfortunately, this isn’t always possible.

Sometimes parents are faced with unexpected circumstances – a change in finances or employment, for example – that jeopardize their ability to live up to the terms of even the most well-planned custody agreements. Ignoring the terms spelled out in your custody agreement can have costly consequences, a lesson one New Jersey couple is learning the hard way. For details, read “Parents ordered to pay N.J. school district $55K tuition in residency dispute.”

One way to avoid a similar situation is to return to court to seek a new or amended custody agreement and keep the terms of the new agreement in mind when making modifications in your life to meet your changing circumstances.

Common Life Stressors That Can Threaten Your Marriage

May 2, 2016 | Kearns Rotolo Law

Marriage is a lifetime commitment. While most people take that commitment seriously, sometimes things occur leading a couple to the realization they can no longer honor their vows to stay together “till death do us part.” The exact reasons behind any divorce are as unique as the individuals involved, yet there are certain common life events that can add to a couple’s stress and perhaps even influence their decision to part ways.

A recent article on abcnews.go.com explored various life changes and stressors that could negatively affect a marriage according to Elizabeth Ochoa, PhD., Beth Israel Medical Center’s chief psychologist and marriage counselor. Read Amanda MacMillan’s article, “Life Events That Can Lead to Divorce,” to learn more.

Joint Custody: Making the Effort to Make It Work

April 18, 2016 | Kearns Rotolo Law

Divorce may be the answer to a troubled marriage but when children are involved, the relationship between spouses never truly ends. Although divorce negotiations can sometimes be bitter, custody arrangements require cooperation if they are to work.

There are various forms of custody designed to suit the unique circumstances of individual families. However, most people believe that joint custody, if possible, is best for the children. For this, couples need to put aside their differences and focus on the needs of their children. To learn how to do that, read “9 Rules to Make Joint Child Custody Work.”

How Divorce May Affect Your Tax Filing Status

March 21, 2016 | Kearns Rotolo Law

April 15, the tax filing deadline, is quickly approaching. You’re newly divorced – or in the process of becoming so – and ready to file your individual tax return. Not so fast. There are a few things to remember about divorce and your tax filing status.

For tax filing purposes, if your divorce was not finalized prior to year-end, you are still considered married for the year in the eyes of the Internal Revenue Service, even if you and your spouse were living separately. As a result, your filing status for the year is married; you have the possibility of three options for filing your 2015 income taxes: married filing jointly, married filing separately or, possibly, filing as head of household. Read “What to know when filing taxes and getting divorced” for more information.

Divorce and Its Effect on Surrogacy Arrangements

March 7, 2016 | Kearns Rotolo Law

While they were married, actress Sherri Shepherd and her now estranged husband, Lamar Sally, entered into a surrogacy agreement with a Pennsylvania woman when they decided to start a family. Before that baby was born, however, the couple filed for divorce (he in California and she in New Jersey), and Ms. Shepherd was ordered to pay support the child. Ms. Shepherd sought to have the surrogacy agreement voided. A Pennsylvania court denied her request and, more recently, the Pennsylvania Supreme Court upheld that ruling. See “Actress Sherri Shepherd loses surrogacy case, paying support.”

For some couples facing fertility issues and other factors that prevent them from beginning a family by traditional means, surrogacy is a viable solution. But it is a very complicated arrangement with many gray areas. NJ state lawmakers last year grappled with a bill that would have clarified matters for couples entering into “gestational carrier” agreements with persons willing to bear their children for them. See “N.J. Senate approves bill expanding definition of surrogate parenting.” That bill, however, was vetoed by New Jersey Gov. Chris Christie last July, leaving surrogacy arrangements a very tenuous solution.

Seeking Spousal Support? Here is What You’ll Need

December 14, 2015 | Kearns Rotolo Law

When it comes to divorce, the question of spousal support may be one of the most contentious issues couples can face. Initially there can be two extreme reactions: the spouse who wants a clean break and asks for absolutely nothing from his or her former partner and the spouse who wants to take their ex for every last penny. The reality is that a fair spousal support agreement falls somewhere in the middle.

In 2014, New Jersey lawmakers passed a bill that abolished “permanent alimony” and today the State recognizes four types of alimony or spousal support: temporary, limited duration, rehabilitative, and reimbursement. The goal of alimony or spousal support is to give both partners to the marriage the opportunity to adjust financially to their new, separate lifestyles. Often the role you held within your marriage helps to determine whether or not you are entitled to spousal support, the type and amount of spousal support you need, and how long you will need to receive that support in order to facilitate your adjustment.

In her article, “Making Your Case for Spousal Support,” Michelle M. Smith, a Certified Financial Planner and Certified Divorce Financial Analyst, offers tips on how to make your argument for spousal support and explains the documents needed to help substantiate your claim.

Deciding the Fate of Frozen Embryos in the Case of Divorce

November 30, 2015 | Kearns Rotolo Law

For couples coping with fertility issues, in vitro fertilization (IVF) can help dreams come true. IVF is a procedure through which human eggs are fertilized outside of the body and often frozen and stored for future use, making it possible for some couples who had difficulty conceiving to become biological parents nonetheless. Sometimes, however, relationships don’t work out as expected – couples go their separate ways; marriages end in divorce. In situations such as these, what becomes of the stored embryos?

This has been the question of several lawsuits, most recently a case in San Francisco, CA, which made national news. According to an msn.com article, “S.F. woman who sought to have embryos preserved loses legal case,” a California couple underwent the IVF procedure shortly before their wedding after learning the woman had cancer and that the intended treatment was expected to leave her infertile. While the woman survived her illness, the marriage did not last and a petition for divorce was filed in August of 2013, prompting the issue of the couple’s frozen embryos to come up.

The couple had signed an agreement with the reproduction center that performed the IVF procedure stating that the embryos should be given to the surviving spouse only upon the death of his or her partner; under any other circumstances, including divorce, the unused embryos were to be destroyed. Despite this agreement, the woman sought to protect her chance at becoming a biological parent and claimed the agreement was signed in haste.

Special Needs Children Require Special Considerations when Parents Divorce

October 19, 2015 | Kearns Rotolo Law

Divorce affects every family member, but it can be especially difficult for families with special needs children.

In the process of obtaining a divorce, couples will also work details involving child custody, visitation and support arrangements. Generally, the best interest of the child is taken into consideration when arriving at these arrangements. Usually, unless circumstances cause the arrangements to be challenged, they will remain in effect until the child reaches 18, finishes school or is otherwise emancipated. This is not necessarily the case, however, when the child in question is afflicted with an emotional, physical or medical disability.

Parents of special needs children face other considerations when they are divorcing. Because special needs children often need physical, emotional and financial support well past the age of majority, and because they sometimes have extreme difficulties adjusting to frequent changes in their environment, special considerations need to be made regarding their custody, visitation and financial support.

To Single Parents Traveling Abroad with Their Children – Be Prepared

October 5, 2015 | Kearns Rotolo Law

International custody fights are more common than you might realize. Many people may remember the story of New Jersey resident David Goldman who spent years battling his ex-wife’s Brazilian family following her death to regain custody of his son Sean. More recent news articles are following actress Kelly Rutherford’s fight with her ex over custody of their children who currently live with their father in Monaco.

These custody disputes are devastating for the families and problematic for the countries involved, so it’s no wonder why authorities may question a parent’s intention when travelling abroad with his or her children. While no one welcomes their parental rights being questioned, the best way to handle a situation like this is to be prepared. For suggestions on how to be prepared, read “8 Travel Safety Tips for Single Parents Going Abroad with the Kids” on www.travelinsurancereview.net, paying particular attention to tip number seven. A blog that appeared on http://momvoyage.hilton.com titled “The Single Parent’s Guide to International Travel With Kids” offers additional tips.

Successful Co-Parenting Requires Overcoming Fears

September 21, 2015 | Kearns Rotolo Law

One of the most emotionally trying issues of divorce is the question of child custody. Although spouses may be more than ready to part from each other, they usually are not willing to give up their relationship with their children – and for good reason.

Studies have shown that in most situations, children thrive better under the influence of both parents. Family courts recognize this and more often than not will award joint custody unless circumstances cause them to rule otherwise. While it is in the best interest of the children, co-parenting isn’t easy. The logistics alone of such an arrangement can be tricky, but what makes co-parenting even harder are the fears many divorced couples share. Family coach Karen Becker identifies and explains those fears in her article “What I Wish Every Co-Parent Knew” for The Huffington Post.