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Why Is Divorce So Painful?

March 24th, 2017 | Written by William J. Rudnik, Esq.

In our society, there is a great emphasis on relationships.  This includes relationships with friends, with family, and romantic relationships with significant others.  Most of us like to spend time with other people, whether it be seeing a movie, eating a meal, going to a concert, attending a sporting event, or just socializing.  Even many forms of entertainment are based on relationships.  Think about the TV shows we watch, the movies we see, the music we listen to, and even many of the sporting events we watch…they are popular because of the way the characters interact with one another, and/or the way the stories connect with us. 

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Premarital Agreements For People Over 50

March 13th, 2017 | Written by Diana N. Fredericks, Esq.

The rate of divorce for first marriages is approximately 40-50%[i]; that number jumps to an estimated 73% for second marriages[ii].  Now consider that the majority of New Jerseyans divorcing are over the age of 50[iii].  If you are over age 50 and considering a second (or third) marriage, how can you adequately protect yourself and your family?

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Can a Court Force You to Pay For Your Child’s College, Even If You and Your Former Spouse Agree Not to Do So?

March 3rd, 2017 | Written by William W. Goodwin, Jr., Esq.

Approximately 35 years ago, the New Jersey Supreme Court issued an often-cited opinion in which it held "the privilege of parenthood carries with it the duty to assure a necessary education for children." Newburgh v. Arrigo 88 N.J. 529 (1982). The Newburgh court established a series of factors for courts to consider when assessing whether to compel one or both parents to contribute to the costs of college and, in some cases, even graduate school. Generally speaking, these include the child's aptitude and educational interests, the parents' financial circumstances, and the relationship between the child and each parent.

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Divorce, Tax Liability, and Innocent Spouse Relief

February 23rd, 2017 | Written by Diana N. Fredericks, Esq. and Daniel S. Makoski, Esq.

Innocent Spouse Relief can be a strong defense for a spouse who discovers a tax liability during a divorce.  That is assuming the spouse qualifies as an “innocent spouse,” according to IRS guidelines.

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Domestic Violence as Portrayed in Popular Music

January 31st, 2017 | Written by William J. Rudnik, Esq.

As we approach Super Bowl Sunday, I am reminded of the claims that Super Bowl Sunday has the highest domestic violence incident rate of any day each year.[i]  Domestic violence has been a societal problem for many, many years, long before the Super Bowl was an event, and most likely since men and women began having relationships.  For many years, domestic violence was often hidden and it was rarely discussed.  Unfortunately, domestic violence continues to be present in many relationships.  However, it is now coming out of the shadows and is discussed openly as we try to eliminate it from our society.  One medium in which domestic violence is sometimes addressed is music.

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What Should I Expect from Family Law Mediation?

December 2nd, 2016 | Written by Diana N. Fredericks, Esq.

Whether or not your family law case is involved in formal litigation, it is very likely that you will participate in some type of alternate dispute resolution, usually mediation.  Even the most acrimonious cases are required to participate in mediation through the Court’s programs relating to custody and financial issues[1].   As such, it is not uncommon to attempt mediation before filing a formal complaint for divorce and, in fact, it is sometimes preferable, as it allows the clients to maintain some control over their lives while not subject to the Court’s calendar and costly, unproductive appearances[2].   

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Recent Decision Provides Guidance on Final Restraining Orders in Domestic Violence Cases

October 27th, 2016 | Written by William W. Goodwin, Jr., Esq.

In A.M.C. v. P.B., an appeals court considered an appeal by an estranged wife of a denial of her request for the issuance of a Final Restraining Order (FRO) and the dismissal of her Complaint under the New Jersey Prevention of Domestic Violence Act (PDVA).

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Dividing Retirement Accounts After a Divorce

October 11th, 2016 | Written by Diana N. Fredericks, Esq.

Recently, I met several new clients who were each divorced more than twenty-five years, and whose divorce agreements called for the division of retirement accounts…divisions that never occurred.  No one followed up until they reached retirement age and realized their accounts had yet to be divided.  

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How is Job Loss Treated Under the Alimony Statute?

September 15th, 2016 | Written by William J. Rudnik, Esq.

Judge Jones of Ocean County recently interpreted amendments to the New Jersey alimony statute that were issued in 2014 regarding loss of employment/reduction to income.  This gives us new insight into how other courts may treat similar circumstances. 

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What Happens to Alimony When the Paying Spouse Retires?

August 30th, 2016 | Written by William W. Goodwin, Jr., Esq.

One of the fundamental tenets of New Jersey Family Law is that alimony payments are subject to modification based upon "changed circumstances." That alimony may change from time to time is provided for in our statute. The "changed circumstances" standard first arose and has since evolved over many years through our case law. Generally speaking, to be impactful, such changes are expected to be permanent, or at least long-term, and not within the direct control of the paying spouse. For example, a paying spouse who quits his job is highly unlikely to obtain any relief, while one who becomes disabled from working is almost certainly entitled to a modification of his obligation.

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Child Support Arrears & Taxes May Impact Your Passport

August 29th, 2016 | Written by Diana N. Fredericks, Esq.

If you are a U.S. citizen, do you think that your right to travel abroad is a given?  Many parents or former spouses who are obligated to pay child support are often surprised to learn that child support arrears may affect their ability to obtain a passport or travel.  And many people with a tax delinquency are also surprised to learn of possible travel restrictions.

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Seven Things You Should Know About Prenuptial Agreements

August 1st, 2016 | Written by Diana N. Fredericks, Esq.

If you are engaged and considering a prenuptial agreement, here are seven things you should keep in mind:

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Common Myths Regarding Divorce Cases

July 13th, 2016 | Written by William J. Rudnik, Esq.

Myth #1:  My Lawyer Cannot Properly Represent Me If He/She is Friendly with the Other Lawyer

Many of the attorneys who focus their practice on family law in New Jersey are likely to know each other.  Especially when attorneys practice primarily in counties close to their own offices, they get to know many of the other local attorneys by having cases with them, seeing them in court, and seeing them at Bar Association events and seminars. 

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“What I Wish I Knew Before I Began the Divorce Process …”

June 20th, 2016 | Written by Diana N. Fredericks, Esq.

Throughout life, we often reflect on past events with much greater clarity than when we are “in the moment.”  Divorce is no exception.  People who have been through a divorce will often say “I wish I would have known…”

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Alimony and Cohabitation: The Evolutionary Process Continues

May 23rd, 2016 | Written by William W. Goodwin, Jr., Esq.

Several years ago, my partner, Diana Fredericks, Esq., and I co-authored an article for the New Jersey Family Lawyer in which we discussed the impact on an alimony obligation when the recipient former spouse cohabits with a third party romantic partner. That effort was triggered by a then-recent Appellate Division reported opinion in which the Court upheld a trial court decision to terminate a former wife's alimony rights based on her long-term cohabiting relationship, despite the fact that the underlying settlement agreement did not call for a termination of alimony upon cohabitation. Since that time, this legal issue has continued to evolve at both the legislative and judicial levels.

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The Future of Child Support in New Jersey

May 19th, 2016 | Written by Diana N. Fredericks, Esq.

Effective February 1, 2017, the child support laws in New Jersey will change. The current law establishes 19 as the age when a child support and/or medical support obligation will end.  However, the new law allows for child and/or medical support to continue up to age 23 for cases in which:

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Ten Things I Have Learned About Divorce From Being a Family Lawyer

May 6th, 2016 | Written by William J. Rudnik, Esq.

Over the course of my 22 years as an attorney and 17 years focusing on family law, I have acquired a great deal of knowledge and insight pertaining to the divorce process.  Below are ten of the most important things I have learned about divorce.

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Top Five Things to Consider When Contemplating Divorce

April 20th, 2016 | Written by Diana N. Fredericks, Esq.

If you are thinking about getting a divorce, following are five things you should consider:

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What Expenses Are Covered by Child Support Payments? Is the Expense of Auto Insurance For a Newly Licensed Driver Included?

March 30th, 2016 | Written by Diana N. Fredericks, Esq.

The New Jersey Child Support Guidelines, Appendix IX-A to the Rules of Court, provide us with parameters for what is (or is not) included within child support. While parents can negotiate the specific terms in an Agreement or Consent Order to delineate their respective obligations, in the event same is not specifically stated or was not anticipated at the time, the Guidelines will likely apply.  

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Sexual Assault Survivor Protection Act to Become Effective in May 2016

March 15th, 2016 | Written by Diana N. Fredericks, Esq.

A new law to expand protection for NJ victims of domestic violence, the Sexual Assault Survivor Protection Act of 2015, was signed by Governor Christie in November 2015 and will become effective in May 2016. This law broadens the definition of victims eligible for protective orders to include victims not previously covered under the Prevention of Domestic Violence Act of 1991.

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Divorce & Taxes – Top 10 Considerations

February 10th, 2016 | Written by Diana N. Fredericks, Esq.

Taxes and the implications thereof are a significant consideration when preparing for your divorce. You need to be aware of the following concepts and ideas, not only when negotiating your divorce settlement agreements, but also during the pendency of your case.

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If I Remarry, Can My Child Call My New Spouse “Mom” or “Dad”?

December 22nd, 2015 | Written by Diana N. Fredericks, Esq.

According to a new, unpublished trial Court opinion issued by Judge Jones, the answer is yes. If the child is of sufficient age and maturity to distinguish between the biological and step-parent, the choice of how that child will address the step-parent belongs to the child and NOT to either parent. However, no one can force the child to call a step-parent "Mom" or "Dad" against the child's will, or forbid the child from doing so.    

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If I Move Out of Our Home During Our Divorce, Will I Lose My Rights to It?

December 2nd, 2015 | Written by William J. Rudnik, Esq.

No, if you elect to move out of the home during the marriage, you do not lose any of your rights to the equity in the home. Ultimately, your rights to the home are determined by the factors set forth under the equitable distribution statute N.J.S.A. 2A:34-23.1, which includes the following factors:

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Can A Restraining Order Be Granted if Domestic Violence Was Violently Provoked By The Plaintiff?

November 18th, 2015 | Written by Diana N. Fredericks, Esq.

As an attorney who focuses on family law matters, I have seen many instances where an alleged “victim” violently provokes someone to react violently, and then seeks a restraining order against that person based on the Prevention of Domestic Violence Act.

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How Do I Determine How Much Spousal Support I Need?

November 4th, 2015 | Written by William J. Rudnik, Esq.

In New Jersey, there is a list of factors under the alimony statute N.J.S.A. 2A:34-23 that is used to determine the appropriate amount of alimony. The factors that the court uses in its analysis are as follows:

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Should I Sign a Prenuptial Agreement Before Getting Married?

October 26th, 2015 | Written by Diana N. Fredericks, Esq.

While premarital agreements can be welcome and useful, before signing one you should consult with an attorney who practices family law and is readily familiar with these types of agreements in your jurisdiction.

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If I Start Dating While I'm Separated, Can It Affect The Outcome of My Divorce and Child Custody?

October 15th, 2015 | Written by William J. Rudnik, Esq.

In New Jersey, fault is typically an irrelevant factor in a divorce, although there are certain exceptions with regard to financial fault or issues relating to the custody and care of children. If a party has an extra-marital relationship prior to a divorce, that typically has no relevance to the divorce action (other than providing grounds for a divorce, which is unnecessary in New Jersey since the state permits divorce based on irreconcilable differences).

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Critical Checklist for Divorce Mediation

October 7th, 2015 | Written by Diana N. Fredericks, Esq.

Divorce mediation can be an excellent alternative to traditional litigation in many circumstances. However, there are some important factors to consider when selecting a mediator and preparing for the process.

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Emancipation in the Context of Family Law

September 28th, 2015 | Written by William W. Goodwin, Jr., Esq.

When a layperson encounters the term "emancipation," he or she is likely to harken back to the Civil War and the famous Proclamation issued by then President Lincoln declaring all slaves to be free as of January 1, 1863. However, for family lawyers in New Jersey, the term takes on a completely different meaning.

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The Ten Most Common Mistakes People Make As They Go Through A Divorce

September 14th, 2015 | Written by William J. Rudnik, Esq.

Based on my experience, the top ten mistakes people make when going through a divorce are: 

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Overnight Visits By Boyfriend/Girlfriend During Parenting Time

September 2nd, 2015 | Written by Diana N. Fredericks, Esq.

In many divorces, the financial and custody issues will be resolved and, at the eleventh hour, just as everyone is getting ready to sign the final papers, one party asks, “is my girlfriend/boyfriend allowed to stay overnight during my parenting time?” Conversely, in some circumstances, one of the parties takes a position, “my child is not allowed to be present when my ex’s girlfriend/boyfriend is at the home.” In most cases, especially with young children, this is often a hot button issue.

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What Is Discovery?

August 17th, 2015 | Written by William J. Rudnik, Esq.

Discovery is part of the litigation, or court process, in divorce cases as well as all types of litigation. Discovery is exchanging all relevant information about any issues in the case. This can be in regard to custody and parenting time issues, child support issues, spousal support issues, equitable distribution issues, or any other issues that may come up in a divorce action.

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Can the Court Compel Parenting Time?

August 11th, 2015 | Written by Diana N. Fredericks, Esq.

In divorce cases, we often encounter a “fight” over parenting time with children, where both parents want the children as much as possible. However, sometimes there are cases where a child is desperate to know and love a parent who, for many reasons, is unavailable. What do you do when a parent refuses to spend time with his or her child? Assuming the parent has not been declared unfit, can the Court compel parenting time?

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What Role, If Any, Does Fault Play in Determining Alimony?

August 5th, 2015 | Written by William W. Goodwin, Jr., Esq.

In a recent blog post, I commented that New Jersey is a “no-fault” jurisdiction. In that post, I mentioned that fault seldom has an impact on the outcome of the case. Thus, the fact that a party deserts his or her spouse, commits adultery on numerous occasions, or engages in acts of extreme cruelty very rarely affects the resolution of the underlying issues.  The payment of alimony is the one area where fault is potentially relevant.

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Annulment of Marriage Based on Fraud

August 3rd, 2015 | Written by Diana N. Fredericks, Esq.

Can the Court apply the doctrine of equitable fraud as a basis to annul a marriage?

In the recent, but unpublished trial court decision of Easton v. Mercer, Judge Jones in Ocean County decided yes, the court may apply the doctrine of equitable fraud to annul a marriage, which means there is no requirement of a defendant’s intent to deceive a plaintiff.  But what does this mean?

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Why Family Law Cases Settle

July 21st, 2015 | Written by William W. Goodwin, Jr., Esq.

When members of the public think about divorce cases, they often visualize dramatic trials with testimony describing love affairs and other tawdry details. The reality is that this seldom, if ever, happens. There are two separate, but somewhat related, reasons for this phenomenon.

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Is Drug Use During Pregnancy Considered Abuse and Neglect in NJ?

July 9th, 2015 | Written by Diana N. Fredericks, Esq.

Not every instance of drug use by a parent during pregnancy, standing alone, will substantiate a finding of abuse and neglect in light of the specific language of the New Jersey statute. New Jersey has not joined those states whose laws treat prenatal drug use as per se child abuse. 

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Can I Receive Spousal Support Before My Divorce Is Final?

July 2nd, 2015 | Written by William J. Rudnik, Esq.

Clients often ask if they can receive spousal support before a divorce is final, and, if so, if they must go to court to get it. The answer to the first part of that question is yes...you can receive spousal support before your divorce is final.

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Equitable Distribution in Divorce

June 29th, 2015 | Written by William W. Goodwin, Jr., Esq.

Equitable Distribution is a concept that has existed in New Jersey since the early 1970's. It is the term used to describe the process of dividing "marital" assets and liabilities between divorcing couples. The principles supporting Equitable Distribution are very simple: marriage is a partnership or a joint venture. As I often say to new clients, "when you and your spouse got married, you formed a business."

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NJ Court Filing Fees Q&A

June 24th, 2015 | Written by Diana N. Fredericks, Esq.

To help you better understand some of the court filing fees that you may incur when we submit documents to the court on your behalf (or if you are self-represented and attempting to handle this on your own), below is a Q&A* that explains some frequently misunderstood fees. In addition, the complete fee schedule, effective Feb. 20, 2015, can be found here.

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Interstate Relocation…in the Future

June 17th, 2015 | Written by Diana N. Fredericks, Esq.

Recently, my partner, Bill Goodwin, published a post titled, “Removing Minor Children from the State of New Jersey.” As he indicated, relocation cases are often the most difficult for our judges to decide, as the results will either deny a parent’s right to relocate (which may mean foregoing a new job or marriage) or will remove the child(ren) from one parent, possibly across the country or perhaps even to a foreign country. These cases are often the most litigated and appealed, as one cannot literally “cut the baby in half” to appease both sides.

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Removing Minor Children from the State of New Jersey

June 11th, 2015 | Written by William W. Goodwin, Jr., Esq.

For more than 100 years, New Jersey has had a law on the books that addresses when and under what circumstances a divorced or separated parent may remove minor children from our jurisdiction to live elsewhere. The basic premise behind the stature is our state's public policy, which dictates it is in the best interest of children of separated or divorced parents to have "frequent and continuing contact" with both parents.

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Why I Enjoy Being A Family Lawyer

June 2nd, 2015 | Written by William J. Rudnik, Esq.

Clients, friends and even other attorneys in different fields often say, “How can you stand dealing with divorce cases every day? I could not do what you do.” Like most jobs, being a family lawyer has its good points and not-so-good points.

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NJ Appellate Court Affirms Child Emancipation Decision

May 19th, 2015 | Written by Diana N. Fredericks, Esq.

Should an adoptive father be required to pay child support & college expenses when the child turns 18 and leaves the mother’s home to live with her biological father? While this may seem like an unusual or unlikely scenario, this issue was brought before the Appellate Division, resulting in a published decision dated April 13, 2015.

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Why Marriages End in Divorce

April 27th, 2015 | Written by William J. Rudnik, Esq.

As someone who has been divorced and who has been a divorce attorney for many years, I have come to understand some of the many reasons why marriages end in divorce. While there are those couples who are simply mismatched and should have never gotten married in the first place, and those couples who get married for the wrong reasons, the majority of marriages end in divorce because of what happens during the marriage.

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The Benefits of Using a Mental Health Professional in Divorce Matters

April 15th, 2015 | Written by William J. Rudnik, Esq.

Divorce is an emotional process. It is difficult for parties to go through a divorce, and if they have children, the children are impacted even in cases where the parties get along. Mental health professionals, ranging from psychiatrists to psychologists to licensed clinical social workers to counselors, can play an important role in divorce cases.

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Same-Sex Divorces and Dissolution of Civil Unions & Domestic Partnerships

April 14th, 2015 | Written by Diana N. Fredericks, Esq.

New Jersey legalized same-sex marriage in October 2013. Same-sex married couples ending a relationship will now go through divorce, following the same process as opposite-sex married couples.

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Is Your Divorce Attorney Trained in Collaborative Law?

April 7th, 2015 | Written by Diana N. Fredericks, Esq.

In September 2014, the Collaborative Law Act was passed in New Jersey. Since the passage of this law, there has been a surge in inquiries by prospective clients seeking to understand what Collaborative Law means and how it can apply to their divorce. Additionally, many attorneys have promoted themselves as “collaborative”.

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Choosing the Right Family Law Attorney

March 24th, 2015 | Written by Diana N. Fredericks, Esq.

I recently read an article written by the Chair of the NJ State Bar Association Family Law Executive Committee discussing the common difficulties experienced by family law attorneys when dealing with one another. Although the article was written for attorneys, there is a significant message that can be passed along to our clients: professionalism.  

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Divorce is Topic of Men's Discussion Group

March 18th, 2015 | Written by Admin

The next meeting of a men’s discussion group focusing on divorce will be held on Tues., March 24, 2015 from 6:30 pm until 8 pm at the United Way, located at 4 Walter E. Foran Blvd, Suite 401 in Flemington.

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Divorce Cases Involving Custody and Parenting Time with Infants

March 3rd, 2015 | Written by William J. Rudnik, Esq.

Because infancy is a time when children are developing rapidly socially, emotionally and cognitively, stable caregiving during the first three (3) years of a child’s life is critical to the child’s immediate and long-term wellbeing.  As a result, custody and parenting for young children must address different concerns than schedules for older children.  There is an ongoing debate as to whether overnight parenting time is appropriate (and how much overnight parenting time is appropriate) for infants in divorce cases. 

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Impact of Increased or Decreased Parental Availability Post-Judgment on Parenting Time Arrangements

February 26th, 2015 | Written by Admin

William Goodwin and Diana Fredericks co-authored an article entitled “Changed Circumstances?  The Impact of Increased or Decreased Parental Availability Post-Judgment on Parenting Time Arrangements”, which was published in the February 2015 issue of New Jersey Family Lawyer.

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Can Court Order Divorced Parent to Pay Child’s College Tuition?

February 11th, 2015 | Written by Diana N. Fredericks, Esq.

Clients often inquire as to whether their spouse (or former spouse) can be court-ordered to pay for their child’s college education. While the answer is typically “yes”, it is not without exceptions, caveats and caution.  Perhaps when you have asked this question, your attorney has responded “it depends”, which can often be frustrating for clients but is completely appropriate, as these issues are extremely fact-sensitive and no two cases are alike.

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Divorce Litigation vs. Collaborative Divorce

January 28th, 2015 | Written by Diana N. Fredericks, Esq.

Do you know the difference between litigation and collaborative divorce?  

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What If I Can No Longer Afford to Pay My Support Obligations? (Part II)

November 17th, 2014 | Written by Diana N. Fredericks, Esq.

Modifications of Spousal and Child Support Under the New Statute.

Although the current unemployment rate in New Jersey is almost two percent less than when Part I of this article was written in 2013, clients and their families remain affected; they continue to report the loss of overtime, bonuses and/or pay cuts.  When an Order already exists for alimony, what is the payor supposed to do? How does one seek relief? Because the failure to pay support can have severe and significant consequences, it should be addressed as soon as possible.

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Alternate Dispute Resolution for Divorced Parents

September 29th, 2014 | Written by Diana N. Fredericks, Esq.

On Sept. 6, an article was published in the New York Times titled, “How Divorced Parents Lost Their Rights”.  The article describes, in part, the frustration about the willingness of a court to intervene in parental disputes, such as payment for college, where the parents are divorced, but not for married parents who disagree. 

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New Jersey Family Collaborative Law Act

September 17th, 2014 | Written by William J. Rudnik, Esq.

We are pleased to advise that Governor Christie signed the New Jersey Family Collaborative Law Act into law on September 10, 2014.  This act provides further support for collaborative law as an excellent alternative to resolving family law disputes, rather than using the litigation process.

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NJ Alimony Statute Modified

September 15th, 2014 | Written by Diana N. Fredericks, Esq.

On September 11, 2014, Governor Christie signed a bill that modifies the alimony statute in New Jersey.  It is important to recognize the effect this new statute may have on your case.

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Divorce is Topic of Men's Discussion Group - Sept. 16

September 15th, 2014

The next meeting of a men's discussion group focusing on divorce will be held on Sept. 16, 2014 from 6:30 pm until 8 pm at the United Way, located at 4 Walter E. Foran Blvd, Suite 401 in Flemington.

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Fredericks Named Top 10 Family Law Attorney

July 24th, 2014 | Written by Admin

Diana Fredericks has been selected as one of the 2014 “Top 10 Under 40” Family Law Attorneys in New Jersey by the National Academy of Family Law Attorneys (NAFLA). 

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Men's Discussion Group - July 15, 2014 from 6:30

July 7th, 2014 | Written by Diana N. Fredericks, Esq.

The next meeting of a men’s discussion group focusing on divorce will be held on July 15, 2014 from 6:30 pm until 8 pm at the United Way, located at 4 Walter E. Foran Blvd, Suite 401 in Flemington. The group is for men who are separated or divorced, or who are going through a divorce.

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Alimony Reform ... and other changes

July 2nd, 2014 | Written by Diana N. Fredericks, Esq.

Many of the articles and hearsay about this bill are not entirely accurate.  This bill does not have guidelines as to the amount of alimony, however, it does have a durational component, which could be deviated from in exceptional circumstances, and exceptional circumstances are broadly defined.  The bill also proposes changes to the law on how retirement and unemployment may affect support obligations, waiting periods to file motions for modifications, standards, requirements, etc. 

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The next meeting of a men’s discussion group focusing on divorce will be held on June 17, 2014 from 6:30 pm

June 3rd, 2014 | Written by Diana N. Fredericks, Esq.

The next meeting of a men’s discussion group focusing on divorce will be held on June 17, 2014 from 6:30 pm until 8 pm at the United Way, located at 4 Walter E. Foran Blvd, Suite 401 in Flemington. The group is for men who are separated or divorced, or who are going through a divorce.

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Tax Attorney Joins G&K

May 30th, 2014 | Written by Diana N. Fredericks, Esq.

Gebhardt & Kiefer is pleased to announce that attorney Daniel Makoski has joined the firm. His areas of practice include tax planning, tax controversy, transactional business matters, wills, trusts, and estate planning.

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Firm Celebrates 130th Anniversary with Safe Harbor Donation

April 10th, 2014 | Written by Diana N. Fredericks, Esq.

 Clinton Twp., NJ, April 10, 2014 -- Gebhardt & Kiefer, P.C., one of Hunterdon County's oldest and largest law firms, is celebrating its 130th anniversary in 2014.  The firm will commemorate the occasion, while also honoring the County’s 300th anniversary, with a “130/300” charitable donation program. The firm will donate 130 items to each of various charities over a span of 300 days.

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Cohabitation - New Jersey Family Lawyer Vol. 34, No. 4/February 2014

April 8th, 2014 | Written by Diana N. Fredericks, Esq.

In February 2014, Bill Goodwin and I coauthored an extensive article on cohabitation which was published in the New Jersey Family Lawyer. 

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Divorce is Topic of Men's Discussion Group - March 18, 2014, 6:30 pm

March 11th, 2014 | Written by Diana N. Fredericks, Esq.

The next meeting of a men’s discussion group focusing on divorce will be held on March 18, 2014 from 6:30 pm until 8 pm at the Hunterdon Prevention Resources, located at 4 Walter E. Foran Blvd, Suite 410 in Flemington. The group is for men who are separated or divorced, or who are going through a divorce.

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Hunterdon County Men's Divorce Discussion Group - Tuesday November 19th

November 1st, 2013 | Written by Diana N. Fredericks, Esq.

The next meeting of a men’s discussion group focusing on divorce will be held on November 19, 2013 from 6:30 pm until 8 pm at the Hunterdon Prevention Resources, located at 4 Walter E. Foran Blvd, Suite 410 in Flemington. The group is for men who are separated or divorced, or who are going through a divorce. 

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Cohabitation in 2013 - 4 Important Points from Reese v. Weis

October 30th, 2013 | Written by Diana N. Fredericks, Esq.

In 2013, the Appellate Division addressed the issue of whether it is appropriate for the Court to consider non-quantifiable lifestyle enhancements when determining whether to modify or terminate alimony to a former spouse who is cohabiting. 

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Hunterdon County Men's Divorce Discussion Group; Tuesday October 15th

September 24th, 2013 | Written by Diana N. Fredericks, Esq.

The next meeting of a men’s discussion group focusing on divorce will be held on October 15th  from 6:30 pm until 8 pm at the Hunterdon Prevention Resources, located at 4 Walter E. Foran Blvd, Suite 410 in Flemington.  The group is for men who are separated or divorced, or who are going through a divorce.

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Online Co-parenting Classes

September 19th, 2013 | Written by Diana N. Fredericks, Esq.

In Wayne County Indiana, the court system created a rule that requires all divorcing parents to complete co-parenting classes.  The Judges from that venue reported excellent results including, reduced conflict and increased cooperation.  

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What is included in child support?

June 25th, 2013 | Written by Diana N. Fredericks, Esq.

Clients often ask, "what is included in child support?"  This is a common question either because the parent paying child support continues to be asked for additional support by the children or because the parent receiving child support always hears, "that is what my child support pays for." 

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Step-Parents and Child Support

June 14th, 2013 | Written by Diana N. Fredericks, Esq.

In Christensen v. Christensen and Tymczak, 376 N.J. Super. 20 (App. Div. 2005), the court held that a biological father’s obligation to support his children is only subject to being transferred to a step-parent when such party’s actions actively interfere with the children’s support from the natural parent.

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Hot Tips on Child Support #1

May 28th, 2013 | Written by Diana N. Fredericks, Esq.

When the parties share an equal number of overnights with the child, the following three-step procedure should be used to adjust the paying parent's child support obligation to account for the fact that both parties are responsible for paying the child's "controlled expenses" during their parenting time.

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Bills of Rights for Children in Divorce

April 23rd, 2013 | Written by Diana N. Fredericks, Esq.

1. The right to be treated as important and separate human beings with unique feelings, needs, ideas, and desires, not existing solely to gratify the needs of their parents.

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Top Eight Things to Know When Contemplating Divorce

April 23rd, 2013 | Written by Diana N. Fredericks, Esq.

  1. Protect Your Children - the children come first and should never be put in the middle of your divorce.

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What if I can no longer afford to pay my support obligations?

April 12th, 2013 | Written by Diana N. Fredericks, Esq.

Economists have said that this is the worst economic decline our country has seen since the 1920’s. Unemployment in New Jersey has risen to 8.3% and is continuing to increase for the 14th consecutive month. While overtime, bonuses and pay rates are being cut on a daily basis, spousal and child support obligations must be paid or the payor may face loss of driver’s license and even incarceration. Support obligations do not modify themselves because a payor has suddenly lost their job or taken a pay cut. Instead, the burden is on the payor to ask the Court or their former spouse for assistance. 

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Ten Questions to Ask During an Initial Consultation

April 12th, 2013 | Written by Diana N. Fredericks, Esq.

Are you a Certified Matrimonial Attorney?

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Mediation

July 31st, 2009 | Written by Diana N. Fredericks, Esq.

Mediation is an effective alternative to litigation. It is typically less expensive than litigation and the parties can craft their own settlement.

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