When parents go through a divorce or custody dispute in Monmouth County, New Jersey, one of the most sensitive issues that can arise is parenting time, also known as visitation.
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You might want to decide alimony the wrong way.
What?
That's right! I am suggesting that there is a significant chance in my opinion that deciding alimony "the wrong way" may benefit you.
Here's why.
There are 2 main ways that an alimony amount is decided in a New Jersey divorce: either by agreement between the parties, or it is determined by a judge.If you have a judge decide the issue, the process of reaching "the number" will be very different from the way that alimony will likely be calculated if you and your spouse settle the alimony issue on your own.
After understanding the details of this distinction, you will be equipped with the information necessary to allow you to make an informed decision as to how alimony should be calculated in your case.
Let me explain.
If a Superior Court Judge determines alimony for you, there are 19 factors that the Judge MUST consider, including need, ability of the other party to meet that need, length of the marriage, standard of living...and on and on.
So, the way that the New Jersey alimony law is SUPPOSED to work is that a judge is supposed to apply the facts of your case to the law.
Then the judge is supposed to determine what a reasonable amount of alimony under the facts of your case would be.
That sounds like an awful lot of work, doesn't it?
How does a judge even really do it?
Well, indeed, it is an awful lot of work.
It also leaves quite a bit of room for the judge to exercise discretion.
A Judge would usually start by examining each party's Case Information Statement (ie, their budget and list of assets and liabilities.)
If there is not enough money to go around, the judge may then "tweak" each of the respective budgets to try to find a balance that seems to be "fair."
To do this, the judge would analyze each budgetary entry and "modify" it to something that the judge feels is more "reasonable".
For example, the budget might list "electric bill" at $500 per month, and the judge might say "well, it seems to me that there could be some savings here so I'll modify that to $400 per month."
This continues through the entire budget.
Sometimes the Judge gets it right and both sides are reasonably happy.
Sometimes the Judge gets it wrong and someone is very unhappy.
Yet...in my experience, most alimony cases settle without a Judge.
But...how?
THE UNOFFICIAL, TOTALLY INAPPROPRIATE, YET WIDELY USED 25% FORMULATo avoid a trial and all of the expenses and uncertainty that a trial brings, many lawyers and mediators recommend what is informally known as "the 25% formula" to estimate what a fair amount of alimony would be.
The 25% formula says that we take the difference of the income between the husband and the wife, multiply that number by 25%, and the result is the alimony number.
So for example, if the husband earns $200,000 and the wife earns $60,000, applying the formula would result in alimony paid by the husband to the wife of $35,000 per year (just under $3000 per month).
Alimony is non-tax deductible to the payor and taxable to the recipient (with the exception perhaps of an "old" alimony order that was set under different tax rules and has now just been renegotiated. That newly revised alimony figure might be taxed differently.)
Now you already know that the 25% formula is not the law at all.
Nonetheless, the simplicity of the 25% formula remains attractive to many lawyers and mediators and, by extension, their clients.
So the practical question for someone facing paying alimony or receiving alimony ultimately comes down to, "Will it be better for me to have the statutory factors applied to the facts of my case by a judge during a lengthy and costly trial, or might I be better off by just using the rather arbitrary but widely-accepted 25% formula?"
More often than not, most people ultimately agree to use the 25% formula, perhaps with some adjustments upward or downward to reflect either a long or a short marriage.
THERE'S A LOT MORE FREE HELP WHERE THIS ARTICLE CAME FROM
So maybe determining alimony in your NJ divorce case should be done "the wrong way".
Stick around this website.
You'll find many more articles to help you get the best alimony deal that you can.
In my view the most important thing for you to do before filing for divorce is to learn how to protect yourself, your children, and your assets.
I'll show you how you can do all of that, right here on this website.
At no charge.
Right now.
I've specialized in N.J. divorce law for 37 years, and my firm has successfully represented over 5000 divorce clients.
I "get it" and I'm here to help you.You really should sign up for my free NJ divorce course.
All you need to provide us with is an email address--ANY email address--so that we have a way to get the material to you.
We will not ask you your first name.
You are guaranteed 100% confidentiality. No one will know what you are reading.
Privacy is very important to people who are considering divorce, and we will help you protect yours always.
STEVE KAPLAN'S DIVORCE COURSE will teach you the "basics" and will give you dozens of ways to turn your situation around.
Every divorce case is different, and so the solutions to every divorce related problem are different.
My emails will teach you, in an easy to understand way, everything that you need to know to help you make the right decisions based upon the particular facts of your marriage.
I get emails from strangers all the time thanking me for making this information available to them online at no cost, and I'm pretty certain that you, too, will get a lot of value from my emails.
And if you want to stop the emails, I make it really easy for you to do that...
One click on any email stops the course.
But few people do that...
Because the material is really helpful.
Are you ready to start turning things around?
The next move is up to you...!
Click the link and begin learning how to get the "edge" in YOUR NJ divorce case.
Until next time,
Steve
Steven J. Kaplan, Esq.
Specializing In Divorce
In Monmouth County
5 Professional Circle
Colts Neck, NJ. 07722
www.KaplanDivorce.com
(732) 845-9010 - Read More
Separating from your spouse in Monmouth County can feel uncertain and overwhelming.
The legal complexities, financial concerns, and emotional stress can leave you feeling stuck.
But you don’t have to figure it out alone.For starters, I want relieve you of the stress of wondering how to file for separation here in Monmouth County.
Simply put, there is nothing to file.
So stop worrying.
But there ARE other things that you will need to work out.
So I recommend that you continue reading.
I’m Steven J. Kaplan, a Colts Neck, NJ divorce attorney with 37+ years of experience, helping people just like you navigate the challenges of separation and divorce with clarity and confidence.
Now, I’m offering FREE expert guidance to help you take the first steps toward protecting yourself and your future.Join STEVE KAPLAN'S DIVORCE COURSE and get instant access to leading edge information to help you understand:
Separation vs. Divorce: Understand your legal options and what works best for you.
Protecting Your Rights: Learn how to safeguard your finances, property, and parental rights.
Dealing with Conflict: Practical tips to minimize stress and navigate high-conflict situations.
Legal Process Explained: Get clear guidance on what to expect and how to prepare.
Saving on Legal Fees: Smart strategies to manage costs and find the right attorney.
As a bonus, you'll immediately receive my exclusive resource:“Steve Kaplan’s Step-By-Step Guide to Divorce in New Jersey”
Packed with actionable insights to help you make informed decisions.
WHY SIGN UP?Confidence & Control: Knowing your options empowers you to take the right steps.
Comprehensive Support: From separation to finalizing your divorce, I’ve got you covered.
100% Confidential: Your privacy is my priority.
No spam, and you can unsubscribe anytime.
Don't even tell us your name... all we need is an email address...ANY email address... to send you our copyrighted helpful divorce information.
Many people who have used my free resources say they felt more prepared—and many ultimately hired me to guide them through their legal journey.
TAKE THE FIRST STEP TODAYSign up with just an email address, and get immediate access to my NJ Divorce Guide, and ongoing expert advice tailored to your situation.
Separating from your spouse requires you to make many important decisions.Making a wrong decision can be the difference between ending up with a fair result or getting a not-so-fair result.
My emails will teach you, in an easy to understand way, everything that you need to know to help you make the right decisions for you.
I get emails from strangers all the time thanking me for making this information available to them online at no cost.
I'm pretty certain that you, too, will get a lot of value from my emails.
And if you want to stop the emails, I made it really easy for you to do that...
One click on any email stops the course.
But few people do that...
Because my material is really helpful to anyone who is thinking about separating from their spouse in Monmouth County.
Let’s take the confusion out of separation and start planning your next steps together.
Are you ready to start turning things around?
I look forward to helping you do that.
Until next time,
Steve
Steven J. Kaplan, Esq.
Specializing In Separation and
Divorce In Monmouth County5 Professional Circle
Colts Neck, NJ. 07722
www.KaplanDivorce.com
(732) 845-9010 - Read More
The first thing Rob said to me was, "my wife is a narcissist, and I just found out that she is sleeping with my best friend.
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I’m New Jersey divorce lawyer Steve Kaplan, and I’m so glad you found this page.
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A great number of my clients here in Monmouth County over the past 37 years have told me that their spouses are "toxic".
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If your ex is living with a new partner, you may be able to reduce or eliminate your alimony—but proving cohabitation isn’t easy.
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Dividing marital assets during a divorce can be a complex process, particularly when it comes to specialized assets like Restricted Stock Units (RSUs).
- Read More
Facing a child custody battle is always an emotionally taxing experience.
You need more than just a great experienced lawyer—you need a compassionate advocate with a deep understanding of child custody law and divorce proceedings.
That's where I come in.
With 37 years of experience exclusively in child custody and divorce cases, I bring a wealth of knowledge and expertise to every case I handle.
Whether negotiating custody agreements or litigating contested custody matters, I am committed to achieving the best possible outcome for my clients and their families.
If you're facing a child custody dispute or contemplating divorce NJ, you don't have to face it alone.
With almost four decades of experience exclusively in child custody and divorce cases, I am here to be your trusted advocate, providing compassionate guidance and steadfast support as we navigate the legal complexities together.
For starters, here are 12 of my best articles on Custody in New Jersey to help you:
- What is Joint Custody in NJ?
- Combatting Parental Alienation In Your NJ Divorce
- The Court Should Be Open For Parenting Time Emergencies
- How To Have Happier Children While Divorcing in NJ
- Co-parenting After Your Divorce in NJ When Your Ex Won't
- NJ Child Custody
- Joint Custody In NJ Is Simply NOT Always Appropriate
- Parental Substance Abuse in New Jersey
- New Jersey's Psychological Parent Law
- It's Harder For Your Ex To Move Your Kid From NJ
- Don't Let Your NJ Divorce Screw Up Your Kids
- Grandparent Visitation in New Jersey
If you'd like more free support from me, CHECK THIS OUT.
Until next time,
Steve
Steven J. Kaplan, Esq.
Specializing In Custody & Divorce
Throughout New Jersey5 Professional Circle
Colts Neck, NJ. 07722
www.KaplanDivorce.com
(732) 845-9010
- What is Joint Custody in NJ?
