Kaplan Divorce Blog | Steven J. Kaplan, Esq. (11)

Imputing Income in Divorce Cases in NJ

Are you out of luck if your spouse doesn't work?

Do you "get screwed" when it comes to alimony just because your spouse is unemployed?

No.

"Imputing income" is a legal term used to describe the process of assigning--that is to say, of "making believe" that the spouse earns-- a specific amount of income to a party in a divorce case.

This can be done for a variety of reasons, such as if one spouse is voluntarily unemployed or underemployed.

The goal of imputing income is to ensure that each party is contributing their fair share toward alimony and child support, as well as to the division of debts.

In New Jersey, the process of imputing income is governed by a set of laws and guidelines.

According to NJ Statute 2A:34-23, the court may consider the income and earning capacity of each party when making determinations regarding the division of property and the payment of alimony.

This means that if one spouse is not working or is working in a job that pays significantly less than their earning potential, the court may impute income to that spouse based on what they could reasonably be expected to earn.

There are several factors that a court will consider when imputing income in a divorce case.

These include the education and training of each party, their work history and experience, the current job market, and their physical and emotional health.

The court will also look at the standard of living that the couple enjoyed during their marriage, and the lifestyle that each party can reasonably be expected to maintain after the divorce.

Imputing income can have a significant impact on the outcome of a divorce case.

For example, if one spouse is voluntarily unemployed or underemployed, the court may impute income to that spouse based on what they could reasonably be expected to earn.

This means that the unemployed or underemployed spouse may be required to pay alimony or a larger share of the division of assets and debts.

However, imputing income is not always a straightforward process.

The party who is being imputed income may dispute the amount that the court has assigned to them.

They may argue that they are unable to find work in their field or that their earning potential is limited by factors outside of their control.

Overall, imputing income is an important tool that courts can use to ensure that each party is contributing their fair share to the division of assets and debts in a divorce case.

By taking into account a range of factors, including each party's education, work experience, and earning potential, courts can make fair and equitable decisions that reflect the unique circumstances of each case.

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Steven J. Kaplan, Esq.

Specializing In Divorce
In Monmouth County

5 Professional Circle
Colts Neck, NJ. 07722

www.KaplanDivorce.com
(732) 845-9010

It depends upon who you ask.

Really.

For decades, I have said "no".

This is because everyone has always taught new divorce lawyers that "NJ does not have legal separation."

But we have something that is awfully close.

We call it "a divorce from bed and board."

So recently I set out to see how a NJ divorce from bed and board is similar and is different from a legal separation.

I compared NJ law to NY law.

What I found is that Divorce from bed and board and legal separation are two legal concepts that allow married couples to live apart while remaining legally married.

However, these concepts differ in their legal requirements, effects, and procedures.

In this article, I will analyze the concept of a "divorce from bed and board" in NJ, and the concept of legal separation in NY.

Then, I will compare and contrast the two concepts to highlight their similarities and differences.

Divorce from Bed and Board in NJ

Divorce from bed and board, also known as a limited divorce, is a legal action that allows a married couple to live apart while remaining legally married.

It is a legal separation that does not dissolve the marriage.

In NJ, divorce from bed and board may be granted on the grounds of extreme cruelty, adultery, willful desertion for 12 or more months, habitual drunkenness for 12 or more months, deviant sexual conduct, or any of the other NJ divorce grounds.

The procedure for obtaining a divorce from bed and board is similar to that of a regular divorce, including filing a complaint, serving the complaint on the other spouse, and attending a court hearing.

Legal Separation in NY

Legal separation is a legal arrangement in which a married couple lives apart, but the marriage remains legally intact.

In NY, legal separation can be obtained by filing a separation agreement with the court or obtaining a judgment of separation.

A separation agreement is a written agreement between the parties that sets forth the terms of the separation, including the division of property, child custody, and support.

A judgment of separation is a court order that sets forth the terms of the separation.

In NY, legal separation does not require any grounds for divorce, but it can be converted into a divorce after one year.

Similarities

Both divorce from bed and board and legal separation allow married couples to live apart while remaining legally married.

Both require the parties to reach an agreement on important issues such as child custody, child support, and the division of property.

Both may also involve court hearings to resolve any disputes between the parties.

Differences

The main difference between divorce from bed and board in NJ and legal separation in NY is the legal requirements for obtaining them.

In NJ, divorce from bed and board requires grounds such as extreme cruelty, adultery, and habitual drunkenness.

In contrast, legal separation in NY does not require any grounds for separation.

Another difference is the procedure for obtaining them.

In NJ, divorce from bed and board requires filing a complaint, serving the complaint on the other spouse, and attending a court hearing.

In NY, legal separation can be obtained by filing a separation agreement with the court or obtaining a judgment of separation.

My Conclusion

Divorce from bed and board and legal separation are legal concepts that allow married couples to live apart while remaining legally married.

Both concepts require the parties to reach an agreement on important issues, and both may involve court hearings to resolve any disputes.

However, the legal requirements and procedures for obtaining them differ between NJ and NY.

In NJ, divorce from bed and board requires grounds for divorce, while legal separation in NY does not.

Additionally, the procedures for obtaining them differ, with NJ requiring filing a complaint and attending a court hearing, while NY allows for the filing of a separation agreement or obtaining a judgment of separation

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Steven J. Kaplan, Esq.

Specializing In Divorce
Throughout New Jersey

5 Professional Circle
Colts Neck, NJ. 07722

www.KaplanDivorce.com
(732) 845-9010

Separating From Your Spouse in New Jersey

Marital separation can be a difficult and emotional process, and it can be particularly challenging if you do not know what to expect.

If you are considering a marital separation in New Jersey, it is important to understand the process and your legal rights.

In this article, I will provide a more in-depth overview of the process of marital separation in New Jersey, and discuss some of the things that a married person who is about to separate from his or her spouse should be thinking about.

The first thing that you should do if you are considering a marital separation in New Jersey is to consult with an experienced NJ divorce attorney.

A qualified attorney can help you understand your legal rights and obligations, and can assist you in navigating the often-complex legal process.

Additionally, an attorney can help you negotiate a separation agreement with your spouse that is fair and equitable.

Once you have consulted with an attorney, the next step is to physically separate from your spouse.

This means that one of you will move out of the marital home and establish a separate residence.

While it is not necessary to file any legal documents to initiate a separation, it is a good idea to create a separation agreement that outlines the terms of the separation.

This agreement should cover issues such as child custody, child support, spousal support, and the division of assets and debts.

If you and your spouse are unable to come to an agreement on these issues, you may want to seek the assistance of a mediator.

Mediation is a process in which a neutral third party helps you and your spouse work out an agreement on the terms of your separation.

One thing to keep in mind when going through a marital separation is that it can be emotionally challenging.

You may experience a range of emotions, from anger and sadness to guilt and confusion. It is important to take care of yourself during this time, and to seek the support of friends, family, or a mental health professional if you need it.

Another thing to consider is the financial impact of a marital separation.

It is important to understand your financial rights and obligations, and to plan for your financial future.

This may involve consulting with a financial advisor or accountant to help you understand the tax implications of your separation, and to help you create a budget that takes into account your new living expenses.

If you have children, it is important to consider their needs during the separation process.

You and your spouse will need to work together to create a parenting plan that outlines the terms of custody and visitation, as well as child support.

It is important to keep your children's best interests in mind when negotiating these issues, and to be flexible and open to compromise.

One of the most important things to keep in mind during a marital separation is that communication is key.

Even if you and your spouse are not on good terms, it is important to keep the lines of communication open, particularly if you have children.

You may need to work with a mediator or therapist to improve your communication skills and to find ways to work together amicably.

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The Role of a Forensic Expert in a NJ Child Custody Case

In a child custody case in New Jersey, forensic experts can play a critical role in helping the court determine the best interests of the child.

Forensic experts are professionals who have specialized training and experience in evaluating evidence, analyzing data, and providing expert opinions.

In a child custody case, a forensic expert can be appointed by the court or requested by one of the parties to the case to provide an impartial evaluation of the family dynamics and the child's needs.

The primary role of a forensic expert in a child custody case is to evaluate the family dynamics and the child's needs objectively.

They do this by conducting interviews, gathering relevant information, and reviewing documentation related to the case.

The forensic expert then provides a comprehensive report to the court, which includes their findings and recommendations regarding the child's best interests.

Some of the key areas that a forensic expert may assess in a child custody case include:

Parenting Capacity: Forensic experts evaluate each parent's ability to provide a safe and stable home environment for the child. This includes assessing the parent's ability to meet the child's physical, emotional, and developmental needs.
Child's Relationship with Each Parent: Forensic experts assess the quality of the child's relationship with each parent, including their emotional connection, communication skills, and involvement in the child's life.
Child's Best Interests: Forensic experts evaluate the child's needs and determine what custody arrangement would be in their best interests. This may involve considering factors such as the child's age, developmental stage, and their relationship with each parent.
Co-Parenting Capacity: Forensic experts also evaluate the ability of the parents to co-parent effectively. This involves assessing their communication skills, willingness to cooperate, and ability to make decisions that are in the child's best interests.

The forensic expert's report is typically considered by the court when making decisions about child custody.

The report can provide valuable insights into the family dynamics and help the court determine the best interests of the child.

However, the court is not required to follow the recommendations of the forensic expert, and the final decision rests with the judge.

Choosing a Forensic Expert

When selecting a forensic expert, it is important to choose someone who has the necessary training and experience to conduct a thorough evaluation.

In New Jersey, forensic experts are typically licensed mental health professionals, such as psychologists or social workers. They should have experience working with children and families and have specialized training in forensic evaluations.

It is also important to choose a forensic expert who is impartial and unbiased. This means that they should not have any preconceived notions about the case and should base their evaluation solely on the evidence and information they gather.

Conclusion

In a child custody case in New Jersey, a forensic expert can play an essential role in helping the court determine the best interests of the child.

Their objective evaluation of the family dynamics and the child's needs can provide valuable insights to the court and help ensure that the child's well-being is the top priority.

When choosing a forensic expert, it is important to select someone with the necessary training, experience, and impartiality to conduct a thorough evaluation.

New Jersey's Psychological Parent Laws

In New Jersey, there is a law known as the Psychological Parent Law that recognizes a legal relationship between a non-biological parent and a child.

This law was established in recognition of the importance of the emotional bond between a child and a caregiver, even if that caregiver is not the biological parent.

The Psychological Parent Law is applicable in cases where a child has developed a strong emotional bond with a caregiver who is not their biological parent. This may include a stepparent, a grandparent, or any other person who has acted as a primary caregiver to the child. In such cases, the law recognizes that the caregiver has played a significant role in the child's life and has provided emotional support, care, and stability to the child.

The Psychological Parent Law provides a legal framework for non-biological parents to assert their rights to maintain their relationship with the child. Under this law, non-biological parents may seek custody, visitation rights, or other legal rights and responsibilities that are typically associated with biological parents. The law recognizes that a non-biological parent may have a crucial role in the child's upbringing and that severing that relationship could cause significant harm to the child's well-being.

To establish a claim as a psychological parent, the caregiver must prove that they have established a close, emotional bond with the child, and that they have acted in the role of a parent to the child. The court will consider several factors, such as the duration and quality of the relationship, the degree of financial support provided, and the level of involvement in the child's life.

The Psychological Parent Law is a significant step towards recognizing and protecting the emotional bonds that can develop between a child and a non-biological parent. It acknowledges that the well-being of the child is paramount, and that a child's emotional needs should be considered in legal matters involving custody and visitation rights. It provides a framework for non-biological parents to assert their rights and responsibilities, ensuring that children are protected from the negative consequences of the breakdown of relationships between caregivers and parents.

In conclusion, the Psychological Parent Law is an essential legal tool that recognizes the important role that non-biological parents can play in a child's life. It provides a way for these caregivers to protect their relationship with the child and ensure that the child's emotional needs are met. By acknowledging the importance of emotional bonds, the law promotes the well-being of children and helps to maintain stable, supportive relationships between caregivers and children.

Substance abuse can have a particularly significant impact in child custody proceedings.

In New Jersey, substance abuse can play a critical role in determining custody arrangements in divorce and separation cases.

Under New Jersey law, the best interests of the child are paramount in custody proceedings.

When determining custody, the court considers many factors, including the child's safety and well-being.

Substance abuse can significantly impact a parent's ability to provide a safe and stable environment for their child.

Therefore, it is a crucial consideration for the court when making custody determinations.

If substance abuse is an issue in a custody case, the court may order a drug or alcohol evaluation of the parent in question.

The evaluation will assess the parent's substance abuse history, current usage, and the extent to which substance abuse may affect the parent's ability to provide proper care for the child.

The results of the evaluation can be used as evidence in custody proceedings.

In extreme cases, a parent's substance abuse may result in the loss of custody altogether.

If a parent is unable to provide a safe environment for their child due to substance abuse, the court may award custody to the other parent, a relative, or a third party.

The court may order supervised visitation or other arrangements that allow the parent to maintain a relationship with their child while addressing any substance abuse issues.

In cases where both parents have a history of substance abuse, the court may order drug testing and other safeguards to ensure the child's safety.

The court may also require parents to participate in substance abuse treatment programs as a condition of custody or visitation.

Overall, substance abuse can have significant implications for child custody in New Jersey.

Parents who are struggling with substance abuse issues should seek treatment and support to address their addiction and provide the best possible environment for their child.

Seeking legal guidance and representation from a qualified attorney can also be critical in navigating the complexities of custody proceedings involving substance abuse.

Are You Being Alienated From Your Child?

Parental alienation syndrome (PAS) is a serious issue that has emerged in recent years in child custody cases across New Jersey.

PAS refers to a situation where one parent during a contentious divorce or custody battle manipulates a child to distance the child from the other parent, resulting in long-lasting emotional damage to the child.

In New Jersey, some judges recognize PAS while others do not.

When a parent's behavior in this realm is seen by a judge as a form of child abuse that can have devastating consequences on the child's development, the offending parent can be held accountable for their actions.

The consequences of PAS on children can be severe, and include anxiety, depression, low self-esteem, and even substance abuse.

In extreme cases, it can result in the complete estrangement of the child from the targeted parent, causing significant damage to their relationship.

To prevent PAS, the New Jersey courts encourage both parents to maintain a positive relationship with their child and avoid any negative comments or behaviors towards the other parent.

If a parent is found to be engaging in PAS, the court may award custody to the other parent or order therapy for the child and offending parent.

It is important to note that accusations of PAS should not be used as a tactic to gain custody or control of a child. False allegations of PAS can be damaging to both the child and the accused parent, and can result in legal consequences.

If you are a parent who believes that your child is being subjected to PAS, it is essential to seek legal advice and support from an experienced family law attorney. A skilled attorney can help gather evidence of PAS and advocate for your child's best interests in court.

In conclusion, parental alienation syndrome is a serious issue in New Jersey child custody cases, and many courts take it very seriously.

Parents who engage in PAS can be held accountable for their actions, and children who are subjected to it can suffer severe emotional damage.

It is important for both parents to maintain positive relationships with their children and avoid any negative comments or behaviors towards the other parent.

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Maintaining The Status Quo Through Your NJ Divorce

Maintaining the status quo during a divorce proceeding in New Jersey is essential.

In most cases, the Court requires both parties to maintain the status quo until the end of the case, regardless of whether a pendente lite motion is filed.