Child Support / Spousal Support (alimony)DiLorenzo & Rush New York and New Jersey Alimony Lawyers - Child Support AttorneysTwo of the most important elements of any divorce, particularly those involving families with high incomes and substantial assets, are child support and spousal support or alimony. At the law office of DiLorenzo & Rush, our New Jersey lawyers are dedicated to helping individuals and families deal with these complicated and often-contentious issues. Our experienced New Jersey and New York family law attorneys have excellent knowledge of both New Jersey and New York laws regarding child support and alimony. Child support or alimony questions? Need a compassionate child support lawyer or alimony attorney? We can help. New York and New Jersey determine child support and alimony differently. We can help you understand what factors will be considered when child support and alimony issues are being decided, and what your chances are of receiving alimony or being forced to pay spousal support. Child Support - New JerseyChild support in New Jersey is based on a formula that considers numerous factors, including combined income, number of overnight visits, credit for overnight stays, expenditures made for caretaking, and other factors. Specifically, Appendix IXA through IXH of the Rules Governing the Courts of the State of New Jersey set forth the applicable basis and criteria for establishing child support. In general these factors include:
Unlike New Jersey, in New York child support is determined by set guidelines as follows:
Alimony / MaintenanceIn both New York and New Jersey there are essentially three types of alimony / maintenance:
Permanent alimony is an allowance for support and maintenance (such as food, clothing, housing, and other necessities) of a spouse. When a person requests permanent alimony, they must establish that they have a need for support and that their spouse has sufficient means and ability to provide for part or all of that need. As its name indicates, permanent alimony is permanent in nature and remains in effect indefinitely or until a change in circumstances warrants a review of the situation. Restitutional / Reimbursement alimony involves repayment of support provided to a spouse while they were in school or receiving training to enhance their education or vocational skills. This type of alimony is temporary in nature. Rehabilitative alimony is designed to provide the means necessary to enable a spouse to refresh or enhance job skills necessary to become self-sufficient by providing financial support while the spouse is obtaining necessary training. This is perhaps the most common form of alimony and is also temporary in nature. In New Jersey, there are 13 elements that are considered by family courts when considering whether to grant alimony payments. They are: 1. The actual need and ability of the parties to pay. 2. The duration of the marriage. 3. The age, physical, and emotional health of the parties. 4. The standard of living established during the marriage and the likelihood that each party can maintain a reasonable comparable standard of living. 5. The parties' earning capability, education, and employability. 6. The length of absence from the job market. 7. Parental responsibilities for the children. 8. The time and expense needed to acquire education or training to enable a dependent spouse to obtain appropriate employment. 9. The financial and non-financial contributions of each spouse to the marriage. 10. Equitable distribution. 11. Income available and non-financial contributions of each spouse to the marriage. 12. The tax consequences of alimony. 13. Any other factor which the court deems relevant. New York recognizes 11 factors which are similar to those in New Jersey. Alimony is often the most difficult issue to be successfully resolved in a divorce because it deals directly with the ongoing lifestyles of both parties. No one wants their lifestyle negatively affected by the payment of, or lack of alimony. Whether you are seeking payments, or seeking to avoid payments, our experienced New Jersey alimony lawyers can provide smart advice and aggressive representation. Contact usIf child support and spousal support matters have you worried about your financial future and how to support your children, contact us today. Together, we will analyze your situation, discuss your options, and begin planning a strategy aimed at resolving your issues in a satisfactory manner. With offices conveniently located in both the Bronx and Hackensack, we are just minutes away. Flexible appointments, including off-site and evenings are available. We charge reasonable fees and accept Visa, MasterCard, and American Express. New Jersey Alimony Lawyer New Jersey alimony lawyer providing alimony guideline, child support calculation, child support review, spousal support formula, and low & high income divorce legal services to clients throughout New Jersey and New York.
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Child Support / Spousal Support (alimony)
