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Understanding the Different Types of Alimony

The past four years have brought major changes to the New Jersey Alimony Laws. The interpretation of the law and how it is applied and argued in your case is crucial and can, and probably will affect your financial future. Many individuals may not realize however, that there are actually several types of alimony as outlined below:

Limited Duration Alimony:
This involves those situations in which alimony payments are made for a fixed period of time that cannot exceed the length of the marriage. Limited Duration Alimony in New Jersey is reserved for marriages that lasted less than 20 years. The amount of the alimony payments may be modified if a change in circumstances occurs. However, the terms are typically un-modifiable absent unusual circumstances.

Reimbursement Alimony
Reimbursement alimony is awarded when one spouse provides financial support to the other spouse thereby enabling that spouse to pursue a higher level of education. Reimbursement alimony may not be modified.

Rehabilitative Alimony
Rehabilitative alimony allows a financially dependent former spouse to receive alimony payments while undergoing training or education that will allow him or her to become more competitive in the job market. This type of alimony may include paying the cost of a training or educational program such as a new degree. It may be awarded in conjunction with other types of alimony.

Open Durational Alimony
Open duration alimony is awarded when the length of the marriage was twenty years or more and a former spouse has an unequal present or future earning capacity in comparison to the other spouse. Alimony payments may be modified if a substantial change in circumstances occurs. Examples of changes in circumstance include: remarriage, cohabitation, disability and retirement.

It is important to understand the different types of alimony and how they may or may not apply in your particular situation. For this reason, it is very important that you contact a family law attorney with experience handling cases involving each of these types of alimony.

Cherry Hill Divorce Lawyers at the Law Offices of Richard C. Klein, P.A. Can Help with Your Alimony Agreement

At the Law Offices of Richard C. Klein, we provide powerful advocacy and vast experience to protect your rights, and attain an alimony agreement that is fair and manageable. To learn more, complete our online contact form, or call (856) 544-9155. We are located in Marlton, New Jersey, and we work with clients from Mount Laurel, Moorestown, Cherry Hill, Voorhees, Medford, Haddonfield, Maple Shade, Marlton and throughout the state of New Jersey.

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Cherry Hill Divorce Lawyers Discuss Special Needs Children and Custody

Over the past 10 years or so, the child with special needs has taken front and center with regard to school, treatment and awareness. However, one area that is often overlooked by those going through divorce or separation is how the special needs of a child can impact not just custody in general, but, the parenting time schedule as well.

Although the Courts tend to prefer that both parents enjoy similar time with their child(ren), the special needs of that child should make the court take a much closer look at what is in their best interest. Many special needs children require the consistency and predictability of being in one primary home for the vast majority of the time. They tend to adjust to their environment better and overall do better emotionally and scholastically. Unfortunately, many judges do not fully understand that. Therefore, it is vital for you to work closely with an attorney who has had significant experience with the special needs child and how to educate the Court, often through the use of experts, to why a “typical” visitation schedule may simply not be right for a particular child. In my practice, I have represented hundreds of clients with special needs children and once a Court truly understand what that means, the parenting time schedule can tilt heavily toward the parent who has the best grasp of their child’s issues.

Cherry Hill Divorce Lawyers at Richard C. Klein, P.A. Advocate for Parents of Special Needs Children

Contact a Cherry Hill divorce lawyer at the Law Offices of Richard C. Klein, LLC to learn more about divorce in South Jersey. Contact us online or call our offices at (856) 544-9155.

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Alimony Modification

If your financial status changes or your needs change after a divorce settlement, you may find that the financial arrangement you agreed to does not work for you anymore. When this happens, you can ask the court for a modification of your order – although it can be a difficult and challenging process. If your standard of living has changed, and you can no longer maintain the standard of living you were meant to have when the original judgment was awarded, a qualified attorney can help to make things right.

Reasons to Reexamine an Alimony Judgment

There are many ways your financial picture can change. The following changes of circumstance may offer good cause to increase, decrease, or eliminate alimony in New Jersey:

  • Retirement
  • Reduced income or unemployment for either party
  • A substantial inheritance
  • A cost of living increase
  • Illness, disability, or infirmity
  • An increase in income by the person receiving alimony
  • The alimony recipient loses an apartment or a home
  • The party receiving alimony cohabitates in a “marriage-like” situation
The Burden of Proof is On You

If you request an alimony modification, you must be prepared to prove your case. You will need to demonstrate that your change of circumstances has “substantially impaired your ability to support yourself.” This is based on Lepis vs. Lepis, a 1980 Supreme Court case that set the standard for alimony judgment modification.

Cherry Hill Divorce Lawyers at the Law Offices of Richard C. Klein, P.A. Can Help with Alimony Modification

Life is always changing, and sometimes your finances change as well. If you need to make modifications to an alimony agreement, a can help. At the Law Offices of Richard C. Klein, we provide powerful advocacy and vast experience to protect your rights, and modify your alimony agreement to something that is fair and manageable. To learn more, complete our online contact form, or call (856) 544-9155. We are located in Marlton, New Jersey, and we work with clients from Mount Laurel, Moorestown, Cherry Hill, Maple Shade, and Marlton.

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How to Handle a Military Divorce

Military divorce cases require specialized knowledge and skills to navigate. Determining asset division and agreements, can be more complicated for military families than it is in a typical New Jersey divorce. At the Law Offices of Richard C. Klein, our Cherry Hill divorce attorneys offer knowledgeable and experienced legal representation to help military families transition as smoothly as possible during a divorce.

Hire a Knowledgeable Lawyer

Not every Cherry Hill divorce lawyer is familiar with the unique challenges that may arise in a military divorce. It is important to do your research and find a divorce attorney with experience handling military divorce cases. Hiring a lawyer who has successfully navigated similar situations for previous clients and can anticipate potential challenges can help you get through the divorce as painlessly as possible, while ensuring your rights, your family and your future are protected.

Military divorce is often complicated by various state and federal laws that apply during each step of the process. Rather than risking the financial security, benefits, and custody you deserve, it pays to do your research ahead of time and choose a military divorce lawyer who knows how to protect your interests in a divorce settlement.

Stay Organized from the Start

If you are seriously considering divorce, you will need to gather all relevant documents and paperwork and organize it in an easy to navigate system. Determining what benefits and assets may be classified as marital property before filing for divorce can help eliminate surprises and reduce stress. Maintaining  comprehensive, accurate records will help set the tone for the divorce proceedings and can mean the difference between achieving a fair settlement, and later discovering there were additional assets you did not consider but may be entitled to.

Take Care of Yourself

When emotions are high, the divorce process gets more difficult and stressful. Taking care of your health and engaging in activities that reduce stress can help you stay focused and help your divorce proceed smoothly.

Increased stress levels can cause people to make poor decisions that could have a negative impact on the outcome of a divorce.

Cherry Hill Divorce Lawyers at the Law Offices of Richard C. Klein Understand the Unique Challenges of a Military Divorce in New Jersey

We have the experience and knowledge necessary to successfully advocate for our clients’ interests in military divorce cases. Call (856) 544-9155, or to schedule a confidential consultation with a military divorce lawyer in New Jersey.

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The Surprising Reasons Why a Child Has Difficulty Visiting Their Other Parent

parenting timeDivorce can be difficult for children to process. No matter the age of the children, they hav grown accustomed to a two-parent household and  expect things to remain that way. The separation of parents may be hard on children, both mentally and emotionally. These children are not used to shuffling back and forth between households or splitting time between parents.

As a parent, you will do everything you can to make the transition easier, but sometimes things are beyond your control. A child may have a hard time letting go and outright refuse to see their other parent. This puts the you in a precarious position as the custodial parent. You do not want to disrupt your child’s time with their other parent but you do want to ensure that there is nothing wrong.

Typically, visitation is dependent on a court order. Couples may agree to joint or partial custody agreements. When a court order is in place, it is usually mandatory for a child to visit the parent at that appointed time. Of course, if parental parties have an amicable relationship, they may be flexible with the custody agreement. However, some structure is important to avoid confusing the child.

The Adjustment Phase

If the child knows when they are scheduled to visit the other parent and there is still pushback, you may want to delve deeper into the problem.

Children notice body language cues much easier than most people realize. Their anxiety regarding leaving with the other parent may be a projection of what you are feeling. If your child notices that you are sad or anxious every time they leave, they may become uncomfortable. Children do not like seeing their parents upset and the child may feel like they are upsetting you every time they leave with the other parent. In response to this perceived slight, they will begin to pull away from the other parent and get upset when you expect them to leave.

Another reason for your child’s behavior can also be a response to the custody agreement. The child could be having a very difficult time splitting time between two parents. They are used to spending time with both parents in the same house. This new experience is tough for them and they may act out in the hopes that you two will try to spend time with each other.

One of the biggest reasons for a child’s discomfort also has to do with adapting to change. They may not feel comfortable going to a new home with the other parent. Moving is dfficult for children and they feel like they are moving every time they go over to the other parent’s home. They must pack a bag, use a bathroom they are not familiar with, travel to another area, and these things may all trigger separation anxiety.

The best way to deal with the child’s discomfort is to seek the help of a therapist and an experience divorce lawyer. The therapist will help the child work through their issues and the lawyer will help you draft a custody agreement that works for all three of you.

Cherry Hill Divorce Lawyers at the Law Offices of Richard C. Klein, P.A. Provide Support When Dealing with Child Custody Issues

If your child is having trouble with the current custody agreement, do not hesitate to call the Law Office of Richard C. Klein to schedule your consultation with an experienced and highly skilled Cherry Hill divorce attorney by calling (856) 544-9155 or contact us online. Our office is located in Marlton, New Jersey, allowing us to serve clients throughout South Jersey.

 

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