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Jersey City Estate Planning Law Blog

Family law order modifications cover a variety of cases

We have covered a variety of family law topics on this blog. Many of those have discussed topics like seeking alimony, getting child support and determining child custody. What some of our readers might not realize is that you might have the option of modifying these orders after the divorce is finalized.

Post-divorced modifications are used to change orders associated with a divorce when the need for change meets certain requirements. In many cases, major changes in your circumstances might be the grounds for seeking a modification of orders. For example, if you lose your job, seeking a modification for a reduction in child support or spousal support might be possible.

New Jersey judge says Pink concert didn't lead to bad parenting

Parenting styles are often a source of contention in child custody cases. A recent case in New Jersey shows just how different some parenting styles are. This cases is one that had a few interesting points.

The father of an 11-year-old girl petitioned the court after learning the child's mother had taken her to a Pink concert. The father asked the court to declare that the mother of his child abused her right as a parent to make decisions for the girl. That petition resulted in a 37-page ruling from the judge. The judge noted that while Pink does have some suggestive elements to her music, her music isn't necessarily inappropriate for preteens.

Why you may deserve alimony

Are you worried about what you're going to do after your divorce from your spouse because you were expecting to have support from him or her for the rest of your life? Maybe you decided not to continue with your own career in New Jersey back when you got married, or maybe you never even went to college because you knew you wouldn't need to work.

If so, it's important to know that you could be entitled to alimony payments in New Jersey. These are given out to make up for the fact that you're losing more than just a partner or a romantic interest; you're also losing the financial support that you were counting on.

What points are important for different ages in child custody?

When parents go through a child custody case, they often take the specific needs of the child into consideration. Since the parents know their child, this often comes without having to give it much thought. When you break down child custody cases by age groups, there are some fairly consistent points you should consider for each age group.

What should I consider for an infant?

Copyright issues at heart of estate case

When estate administration or probate matters involve creative assets, complex questions and disputes can arise, even years after the estate appeared to have been closed. One example that is playing out in courts in another state involves iconic blues musician Muddy Waters.

According to reports, in 1983, when Muddy Waters passed away, his estate fell into the control of his manager. The manager became the estate's executor and was in charge of disbursing royalty payments and other assets to the musician's family. When the manager himself passed away, the duties of executor passed to an organization that administered the manager's estate. This occurred in Feb. 2015.

The dangers of social media and child custody

In a convoluted story of two parents fighting over custody of their children, a cautionary tale about social media can be found. The couple split up, and the mother had custody of the children. The mother then decided to start dating other people, and she began talking to someone on Facebook, a man she'd never met. His name was Jason.

As part of the process, the woman decided to send some explicit videos of her dancing to the man, and she removed her clothes in the videos. The trouble started because she actually had her daughter, who was 8 years old, hold onto the camera phone while making those videos.

What are revocable and irrevocable trusts?

Many people know that creating a trust is a way to ensure that your plans for your estate will be followed when you pass away. Some people might not realize that when you create a trust, you have to decide if it is a revocable trust or an irrevocable trust.

What is a revocable trust?

What about alimony?

While marriages can end for various reasons, the vast majority of divorces end up revolving around two things: money and custody of any children. How the marital assets and accounts will be divided, who takes which debts and how child support and alimony will factor into the equation are all important issues to discuss with your attorney when you are considering or have already filed for divorce.

Alimony is often confused with spousal support, and there are many myths surrounding who can receive monetary support from their former spouses. While spousal support is usually temporary and is used just to help the other party get established, alimony is often paid over many years and is normally only stopped if the receiving spouse gets remarried.

How to prove that your spouse has a new partner

If you are paying alimony to your spouse after a divorce, you may know that those payments can be cut off or at least reduced if your spouse starts living with someone else -- either after getting married or in a relationship that is very similar to marriage. It's important to know some ways in which you can demonstrate that your spouse is in fact living with a new partner in New Jersey, meaning support from you is no longer necessary.

First and foremost, you may find out about the new relationship from your children. In fact, your ex may tell the kids not to mention it to you, but they may not be able to keep the secret to themselves. This instruction may show that your spouse wants to hide the relationship -- not to save your feelings but to keep those payments coming.

Child custody paves the path toward the future

Parents don't have an easy go of things when they decide to divorce while children still live in the home. The parents will have to answer the child's questions about the divorce. They will have to deal with the emotional issues and logistics issues that having two households can cause. As we said last week, even amicable divorces are difficult for children to cope with.

Even though it is often hard to do, it is important for parents to step back from the situation and think about what is truly best for their child. In many cases, children need both parents to help raise them. The child should be able to count on the financial support, emotional support and physical support of Mom and Dad. Having secure healthy children is usually the goal of parents who are going through a divorce.