Hoboken Family Law Blog

Prenuptial Agreements: When to Use One and How to Get Out of a Bad One

October 19, 2019 | Frank Marciano

Once upon a time, the idea of a prenuptial agreement carried mostly negative connotations. The stereotype was that the people who got a prenuptial agreement (also known as an antenuptial agreement or pre-marital agreement) were either greedy and rich spouses trying to avoid sharing the wealth or else worried wealthy people seeking to protect themselves from a “gold digging” soon-to-be spouse. As you can see, this stereotype is fueled by an over-sized dose of cynicism.

The reality is actually much different, and more people are realizing that. According to a recent report, more spouses-to-be are seeking the benefits that a prenuptial agreement can offer. One thing to keep in mind if you’re considering signing a prenuptial agreement is what an impactful decision that is. Once you’ve signed the agreement, your options for getting it invalidated later are fairly limited. (This, by the way, is another reason why you shouldn’t go into the process alone but be sure you are represented by a skilled Hoboken family law attorney.)

According to that recent report, 62% of lawyers who responded to an American Academy of Matrimonial Lawyer survey reported an increase in the number of clients requesting services related to establishing a prenuptial agreement. One attorney, who noted an uptick in prenuptial agreements among second marriages, concluded that spouses had negative memories of their previous divorces and “don’t want the uncertainty of having a judge decide their fate.”

My Divorce Agreement Says I Cannot Remarry Without Losing My Alimony. What Options Do I Have in New Jersey?

October 11, 2019 | Frank Marciano

Alimony law has undergone a number of changes in the last few years as a result of actions taken in Trenton as well as Washington. A few years ago, changes in state law erected some important and substantial new restrictions on alimony. On top of that, the more recent federal Tax Cuts and Jobs Act ended the obligation for recipients of alimony to pay federal taxes on that money (for divorce agreements occurring in 2019 or later.)

So, now more than ever, it is very important if you’re getting alimony, to make sure you understand what will and won’t trigger an end to your alimony. In other words, whether you are in the process of working out a divorce agreement in your pending case, or you have an existing agreement in your already completed divorce, look to the advice and counsel of an experienced Hoboken family law attorney to help you make certain that you know what your options are.

One common thing that triggers an end of alimony is the recipient’s remarriage. Of course, that leads to another question — which is, what exactly constitutes a remarriage? In the case of one Camden County couple, W.S. and C.S., that question was the key to their case.

College Costs and Your Property Settlement Agreement in New Jersey, Be Aware !

September 29, 2019 | Frank Marciano

College-Expenses-172981610_685x512-300x224

A receipt lists the typical costs of sending your child to college.

In most divorce situations, the more collaboratively the two spouses work to craft a solution with which both are comfortable (or as comfortable as possible,) the better. That’s especially true if the two are not only spouses but also parents. Collaboration often equates to longer lasting solutions that are more healthy and productive for both spouses involved.

Working collaboratively can save spouses a lot of time and money. However, there are some savings that may not be worth it. One way that some spouses may try to save money in working out a settlement agreement is doing so without legal representation. While some divorcing couples may be able to navigate the process on their own, proceeding without the right Hoboken family law attorney is filled with possible risk.

When it comes to negotiating your divorce settlement agreement, the advice and advocacy of your attorney can be essential. If the agreement you sign isn’t what you really need, there can be serious problems down the road. Look at the case of S.B. and M.E., a couple from Hudson County who had two children together. When they ended their marriage in 2001, theirs was an uncontested divorce. They worked out all their issues in a settlement agreement.

What to Know About New Jersey Paternity, Child Custody and Visitation Laws When You’re Considering Using a Sperm Donor to Conceive Your Child

September 29, 2019 | Frank Marciano

Back in August, a ruling by the highest court in Australia made international news. In the ruling, the court declared that the man whose sperm was donated to conceive a child had parental rights – including the right to block a move by the child and her mothers. While the ruling by this Australian court will have absolutely no direct effect on the law here in New Jersey, this issue of sperm donors is a very important one here in this state.

These types of issues can be incredibly important to some New Jersey families, including lesbian couples, couples where a male partner is infertile or single women who desire to have children. When your sperm donor seeks visitation or custody, it is important to know exactly how to handle this kind of case. One of your first steps should be to retain the services of an experienced New Jersey family law attorney.

In the Australian case, the biological mother was a woman who sought to start a family with her new partner, according to the Australian Broadcasting Company report. A male friend of the woman agreed to be the sperm donor. Initially, the women raised the child and the biological father visited periodically. However, after the mother’s wife developed cancer and the family decided to move to New Zealand, the biological father sued to block the move. The court system ultimately ruled for the biological father, concluding the man was legally a parent to the child.

What Happens to a Parent’s New Jersey Child Support Obligation When the Minor Child Moves in With Him/Her?

September 19, 2019 | Frank Marciano

There are many reasons a child might go from living with one parent to living with the other. That change might be the decision of the parents or, in the case of an older child, the parents might allow that mature older child to have a voice in the choice. That child’s relocation may impact a lot of things, including child support. If your teenage child goes from living with your ex-spouse to living with you, then the law says that, generally, you are entitled to a change in child support.

It may mean that, going forward, neither parent pays. Alternately, it may mean that you go from paying your ex-spouse to receiving payments from your ex-spouse. Either way, a modification is often in order. Getting that change is not automatic when your child moves in with you, though. You have to go through a specific legal process to get your child support modified, so you should have an experienced New Jersey family law attorney representing you and guiding you through the process.

To get an idea how this works, we can look at a recent court case involving a Hunterdon County family. The facts went like this: mother and father married in 1993, had a son in 2001 and divorced in 2003. At the time of the divorce, both parents agreed that the son would live with the mother and that the father would have visitation one night per week and every other weekend. The father also agreed to pay child support.

Child support in New Jersey is serious business.

June 5, 2016 | Frank Marciano

Bergen Father Jailed For Non-Support Of Kids Who Live With Him Gets Two More Weeks In Jai l

Each story of child support and non payment has its own rights and wrongs. What is so unfair in NJ is that some Judges, and even different counties treat the same situation differently. One one hand, it makes no sense to put a person in jail for non payment, since you can’t earn money behind bars, but if the Court does not have the right to jail someone, there is no real penalty for not paying. Child support is serious business in New Jersey

Podiatrist plot: Wife allegedly targeted wants their property

May 11, 2016 | Frank Marciano

Divorces turn people into their own worst enemy. Its so important to realize that a life free of stress, anger, and chaos is worth way more than any asset you may own.

Rage, jealousy, fear, greed are part of human nature and I talking about the husband and his so called lover. They plotted to kill his ex wife instead of turning over some properties to his wife and their three kids.

Yes, he threw it all away for the love of his new lover.

Hard work and study can really elevate your life in America. Protesting not so much.

July 28, 2015 | Frank Marciano

It may sound harsh to some, but if those people protesting about income inequality, would put their mind, body and soul into learning what needs to be learned to get a job in the tech world, they would discover first hand how America was built. Many an American fortune was made by a person focusing all their energy on bettering themselves. One of the big divides in America is between those marching to make the world a better place and those working to feed their family, bet a bigger and better place to live and make the money to school their kids. The world is a cold and nasty place, unfair and unkind, and that is never going to change, but what can change is how you live your life to fend off all the horror that and sadness that is right outside your door.

As Tech Booms, Workers Turn to Coding for Career Change

Renovating your Home in Hoboken and FEMA regulations.

July 18, 2015 | Frank Marciano

Hoboken Fema Before you renovate, look at new FEMA rules

Hoboken homeowners and home buyers face new challenges when considering extensive renovations because of recent changes in Federal Emergency Management Agency (FEMA) regulations.

FEMA now forces homeowners who make improvements that raise the value of a property by more than 50 percent to conform to new base flood elevation rules. Under this directive, ground-level and basement dwellings that fall within revised FEMA flood areas must be elevated above the flood level or owners will lose the use of these spaces and utilities must be relocated. Revised FEMA flood maps place 79 percent of Hoboken in a flood zone and the city’s entire Hudson River coastline is now within FEMA’s “coastal high hazard” zone.

Your next boss could be you

July 18, 2015 | Frank Marciano

Few things symbolize the American dream like owning a business. But delving into the world of entrepreneurship can be scary and tricky without the right planning and advice.

There are nearly 28 million small businesses – those with fewer than 500 employees – in the United States. Well over three quarters are run by individuals with no additional payroll or employees and more than half are home-based.

Many ordinary citizens, including residents of Hoboken and Hudson County, are going to work for themselves. Often it’s to realize a long-held dream. But many are displaced workers investing money from buyouts, settlements and severance after being unable to find a new job. This is especially true for older workers. More than five million Americans age 55 and older are either in business for themselves or otherwise self-employed, and the number is rising, according to the Small Business Administration.

Family & Estate Law Blog