New Jersey Family Law Blog

Keep Your Child Safe – and Warm – in the Car

December 26, 2016 | Kearns Rotolo Law

Now that winter has arrived and the temperatures are dropping, most parents want to make sure their children are bundled up against the cold. Be aware, however, that the same coats that keep children warm when outdoors in the winter months can inadvertently threaten their safety while in the car.

Bulky coats and jackets can produce a gap between children and their safety harnesses when the children are buckled in to their car seats. These gaps prevent the harnesses from doing their intended job, which is to keep children securely fastened in the event of an accident. So, what’s a parent to do? Read “NJ parents – This super-simple precaution can protect your child in the car” for some helpful tips.

Do You Need a Forensic Accountant?

December 12, 2016 | Kearns Rotolo Law

A crucial part of the divorce process is dividing up the couple’s assets and debts in as equitable a manner as possible. Sometimes this distribution of assets is simple, while other times it is much more complicated, especially for couples who have complex financial portfolios that include such things as stock options and restricted stocks, deferred compensation, retirement and insurance plans, properties located in other states or countries, and exceptionally valuable tangible assets such as artwork, antiques or collectibles.

The settlement options you agree to during your divorce proceedings can have a long-term impact on your financial and tax situation. If your situation is complex, it may be prudent to seek the help of a financial specialist, such as a forensic accountant, before agreeing to terms. For more on how a forensic accountant may be able to help in your divorce negotiations, read the New Jersey Business Magazine’s article, “Forensic Accounting During Divorce Proceedings.”

Parent of a Gifted Child? Your Support Payments Could Be Increased

November 28, 2016 | Kearns Rotolo Law

For many children, extra-curricular activities are a trial-and-error means of discovering their interests and talents. New Jersey’s guidelines for child support recognize this and generally take into account the costs associated with such activities in the basic child support payments. What happens, however, when a child is gifted in a particular area, requiring more extensive involvement to develop his or her special skills?

A New Jersey judge ruled recently that a parent could be ordered to pay additional child support to help cover the costs of his or her gifted child’s endeavors to improve the child’s talents. To learn more read the nj.com story regarding “Divorced parents of gifted children …”

Why You May Need an Attorney to Negotiate Your Divorce

November 14, 2016 | Kearns Rotolo Law

Victor Rotolo and the attorneys at the Victor Rotolo Law Firm have been offering legal counsel on all matters related to divorce — both simple and complex cases — since 1992.

The internet may have made it easier to obtain a divorce without the help of an attorney, but would you want to? Do-it-yourself divorces are legal; however, to be successful couples must be:

in complete agreement regarding all terms of their divorce settlement;

Tainted Treats Aren’t the Only Halloween Danger to Watch For

October 31, 2016 | Kearns Rotolo Law

It’s that time of year again. Today while children everywhere will run excitedly door-to-door in search of treats, medical professionals will be busy manning phones for agencies like the New Jersey Poison Center 24-Hour Help Line and fielding calls from frantic parents. Most parents know by now to check their children’s Halloween bounty for the possibility of tainted candies, but the poison center warns us that there are other dangers far more common than tampered treats to watch for.

The poison center reminds parents to look for unexpected dangers this Halloween. Items like broken glow sticks, button batteries used in flashlights, cheap Halloween makeup, and food allergens can threaten the safety of children and pets alike. For more information and advice on what to do for your child in the event of an emergency, read “NJ Poison Center warns of Halloween dangers in unexpected places.”

Divorce Doesn’t Necessarily Preclude Your Right to Spousal Social Security Benefits

October 17, 2016 | Kearns Rotolo Law

If you are divorced, nearing retirement age and have not yet remarried, you may be entitled to receive spousal Social Security benefits based on your ex’s work record, provided you meet certain qualifying criteria.

Your eligibility for spousal benefits is not dependent on your ex’s current marital status, the number of divorces he or she has had, or even if your ex is alive or deceased. But the rules for determining your eligibility can be complex. For starters, you must be at least 62 years of age (60 if your ex is deceased), have been married to your ex for at least 10 years, and not currently be married. For other conditions that would apply to your situation, visit the Social Security Administration’s website and read “Retirement Planner: If You Are Divorced.”

Why It Matters Who Files First for Divorce

October 3, 2016 | Kearns Rotolo Law

Sometimes a spouse can be blind-sided by his or her partner’s request for a divorce. More often, however, both spouses share a sense that the relationship is broken and can’t be fixed. When it comes to that, does it matter who files first? According to some financial and legal divorce consultants, it does.

The better prepared you are for divorce, the better your chances for negotiating terms to your best advantage. Usually the spouse who initiates the divorce first takes the time to obtain a lawyer and other divorce consultants. He or she gathers all the paperwork and documentation that may be needed during the divorce proceedings, while the spouse who gets served with divorce papers scrambles to do the same. These are just two of the benefits of being the first to file. For additional advantages, read “What Are The Financial And Legal Advantages Of being First To File For Divorce?”

Changing Your Name Due to Marriage or Divorce? Use this Checklist

September 19, 2016 | Kearns Rotolo Law

Changing your name in New Jersey requires court approval following a process designed to ensure the name change isn’t being requested for unlawful or deceptive purposes. The exception to this is a name change due to marriage and/or divorce.

Adopting your spouse’s name after marriage or resuming your maiden name after divorce can be effected socially simply by using your new name. Officially, however, there are certain agencies, such as the Social Security Administration and the Motor Vehicle Commission, you must notify in order to change your name. Your certified marriage license serves as proof of your right to use your spouse’s name if you so choose. In relation to divorce, your desire to resume use of your maiden name should be stated in the divorce decree. This document can then be used when applying to the appropriate agencies for your name change.

Planning a wedding or negotiating a divorce are complex, emotional events, so it would be easy to overlook an agency or institution you should notify about your pending name change. This name change checklist can help.

Is A Co-Parenting Custody Arrangement Right for You?

September 5, 2016 | Kearns Rotolo Law

In a co-parenting custody arrangement, parents work together to maintain equal roles in raising their children. Proponents of this arrangement believe it provides a healthy environment particularly for the children by minimizing the disruption to their lives. There are other benefits, too. For one thing, children are exposed to positive interactions between their parents rather than negative ones. This type of arrangement may also put less of a strain on relationships with extended family members if no one feels pressured to “take sides.”

Co-parenting requires a level of cooperation not all couples can achieve, so it may not be the solution for everyone. However, because of its potential benefits, it is worth considering provided the circumstances of your divorce permit. To learn more about how co-parenting arrangements can work, check out “Mayim Bialik gets real about co-parenting: ‘Divorce isn’t the end of family’.” The actress, currently appearing in the television hit, The Big Bang Theory, explains how she and her ex-husband have made co-parenting work for their family.

Determining Who Gets the Assets in A Divorce

August 22, 2016 | Kearns Rotolo Law

You’re getting a divorce. You want the house, the car, the vacation timeshare and anything else you can get simply because you believe your soon-to-be ex is a louse and you deserve to be compensated for your anguish. Before you hand your list of demands to your divorce attorney, however, there are a number of issues you should consider.

Property distribution in relation to a divorce is more complicated than simply deciding who deserves what. You need to understand the difference between separate property and marital property and what affect comingling the two can have. Also, in addition to the current value of the property, you need to consider the short- and long-term effects of ownership. For a closer look at how property is distributed in a divorce, read Jeff Landers’ article, “Understanding How Assets Get Divided in Divorce.”