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Divorce and Equitable Distribution of Restricted Stock

July 1st, 2019 | Written by Diana N. Fredericks, Esq.

In one of my recent divorce cases, the following question arose:  “Would a portion of restricted stock, which vests after the date of the complaint for divorce, be subject to equitable distribution, if the vesting is contingent upon post-complaint employment efforts?”

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Is the Cost of a Child’s Car Considered Child Support in NJ?

June 24th, 2019 | Written by Diana N. Fredericks, Esq.

Clients often ask if the cost of a child's car is considered child support in NJ.  No, the expenses for the purchase of a child’s car and any associated costs are NOT considered to be part of basic child support under the NJ Child Support Guidelines.

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A Moral Obligation Versus a Legal Obligation

May 30th, 2019 | Written by William J. Rudnik, Esq.

As a divorce attorney, I often have clients who question whether their spouses should or should not do something.  This may have to do with the finances or the children, but it is a common question.  Many times, the answer has to do with the difference between a moral obligation and a legal obligation. 

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Taxes & Divorce - Ten Tips to Consider

May 20th, 2019 | Written by Diana N. Fredericks, Esq.

The new tax law changes (Tax Cuts and Jobs Act of 2017) expire in 2025. This needs to be a consideration in drafting divorce agreements, as these changes may affect what is agreed upon now.

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Why Must I Compromise to Finalize My Divorce?

May 7th, 2019 | Written by Diana N. Fredericks, Esq.

Approximately 97% of divorce cases settle.  Settlement can come easily at the early stages of a case or on the eve of trial, but it is more likely than not to occur at some point in every divorce case.  For settlement to occur, BOTH sides need to compromise.  It is not uncommon for both sides to feel that they have “given in” or compromised more than the other.  And, of course, there are certain instances where one party may be more reasonable or willing to compromise in order to conclude the divorce (or to finalize a matter).   

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How is an “Overnight” Defined When Determining Child Support?

March 29th, 2019 | Written by Diana N. Fredericks, Esq.

If you are divorced (or going through the process) and/or you have children in common, you have likely been confronted with the question, “how many overnights will I have with our children?”  This is one of the first questions that often needs to be answered in order to calculate child support. 

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What a Divorce Trial is Like, and Why You Should Avoid It

February 26th, 2019 | Written by William J. Rudnik, Esq.

If you have reached the point where your divorce case is going to trial, it means either one or both parties are unreasonable with regard to their position, or there is an obscure legal issue (very rare) that requires the court to decide the matter.  If you are heading to trial, it means that despite multiple opportunities in the court process to settle your case, your case still has not settled.  While the court process is designed to settle the case prior to trial, unfortunately, it does not always happen.

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What Happens If the System Fails Me in My Divorce?

February 18th, 2019 | Written by Diana N. Fredericks, Esq.

The system currently in place for families contemplating divorce is imperfect.  It is not possible for a system based on very specific rules to uniquely or perfectly apply to each individual’s desired outcome.  That defies logic and ignores the multiple personalities at play in each divorce matter (custody, support, removal, paternity, etc.).  The judge, lawyers, clients, children, etc., each have their personal beliefs and experiences that color their opinions, biases, and perspectives.  How then, can a litigant endure this perfect storm with dignity, respect, and the ability to move on and create a new life in the aftermath?

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Does a Parent’s “Strained” Relationship with a Child Obviate the Parent’s Obligation to Contribute to College?

January 29th, 2019 | Written by Diana N. Fredericks, Esq.

Not according to the Appellate Division in the recent case of Hamilton v. Hamilton[1].  In this January 22, 2019 decision, the appellate division concluded that the father would be required to pay 60% of the child’s college expenses despite a strained relationship with the child.   

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Non-Traditional Benefits that Must be Considered in a Divorce

December 5th, 2018 | Written by Diana N. Fredericks, Esq.

You may think that you only need to consider traditional income to determine alimony, child support and equitable distribution, but you may be overlooking significant perks or other benefits that could have a substantial impact on those issues.  Failing to consider these non-traditional benefits could significantly affect your bottom line.  Identifying and discussing these perks and benefits with your attorney is critical.

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