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Blog Category: Family Law

Divorce and Equitable Distribution of Restricted Stock

Jul 1, 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...

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

Jun 24, 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...

A Moral Obligation Versus a Legal Obligation

May 30, 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...

Taxes & Divorce - Ten Tips to Consider

May 20, 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.

Why Must I Compromise to Finalize My Divorce?

May 7, 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...

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

Mar 29, 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?” ...

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

Feb 26, 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...

What Happens If the System Fails Me in My Divorce?

Feb 18, 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...

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

Jan 29, 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...

Non-Traditional Benefits that Must be Considered in a Divorce

Dec 5, 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...