The COVID-19 coronavirus pandemic has plunged our world into a once in a lifetime crisis–we have not seen anything like this in the United States since the Spanish Flu pandemic of 1918. Many aspects of our society have ground to a virtual halt, and our economy has been decimated. Restaurants, hotels, airlines, manufacturers, small businesses and large businesses alike, are shuttered and at risk of going out of business. Fear of the loss of employment and income is pervasive. How will this pandemic impact one particular family law issue, the issue of the payment of alimony? The divorced individual paying alimony asks, “How can I possibly be expected to pay now?”
By: Thomas DeCataldo
The ongoing Covid-19 pandemic has caused the tragic loss of life and spurred international panic. Adding insult to injury, the economic impact of this health crisis has thus far been devastating, with stock markets collapsing and many struggling to keep businesses afloat while being unable to work or attempting to do so remotely. As a result of the tumult caused by this virus, divorcing couples and separated parents find themselves attempting to cope with several accelerants to an already stressful situation.
Against this backdrop, in recent weeks many parents questioned the impact of the Covid-19 pandemic on custody and parenting time arrangements, whether entered formally as Court Orders or informally by agreement of the parties. The pandemic presents many hotbed areas for disagreement among separated or separating parents, particularly for those in high-conflict situations.
This article was previously published in New Jersey Law Journal, Vol. 212 – No 12.
There are many legitimate reasons for a business to retain earnings. However, for a spouse in a divorce — or contemplating divorce — leaving money in the business may be viewed as a tool to shield income to avoid support. For shareholders of an S corporation, even though earnings have not been distributed, they will appear as “phantom income” on the owner’s personal tax returns. Given how frequently these issues arise in our practice, there is surprisingly little New Jersey precedent addressing the treatment of retained earnings in the context of divorce.
Published in Family Advocate, Vol. 38, No. 2, (Fall 2015) p. 14-20. © 2015 by the American Bar Association.
Matrimonial attorneys who handle high-asset cases are confronted with a variety of complex legal and factual questions when either their client or the client’s spouse is a beneficiary of a trust. When considering family trust funds and divorce answer these questions:
By: Richard F. Iglar
You have come to a decision which you may have been dreading, or which may make you feel relieved. You are taking the ﬁrst step toward a decision which will allow you to take control of the direction of your future life. You are going to start interviewing top New Jersey divorce attorneys (and hopefully you have made the wise decision to hire a seasoned, wise and practical AAML attorney to guide you through the difficult divorce process). What is your matrimonial attorney going to need from you do his or her job effectively? What can you do to provide your attorney with the background and tools he or she will need to represent you in the effort to obtain the best possible outcome for you? What can you do to convey that information to your attorney in a practical and efﬁcient way and put you ahead of the curve?
Your attorney is going to explain to you the three major issues before you in the divorce case: 1) custody and parenting time; 2) equitable distribution of the marital assets; and 3) the ﬁnancial support issues of alimony and child support.
By: Thomas J. DeCataldo Jr., Esq. and Jeb-Michael Harmon, Esq.
According to a recent article put out by the American Association for Retired Persons (hereafter “AARP”), if late-life divorce were a disease, it would be an epidemic. The trend has become so common in matrimonial practice it has derived its own nickname, known as “gray divorce.” While the overall divorce rate declined nationwide from its zenith of 5.3 divorced per 1,000 people in 1981 to 3.2 divorced per 1,000 today, incidents of gray divorce doubled over the last 20 years making this a trend worthy of attention for those practicing family law.
Divorcing clients over the age of 50 face a unique and challenging process, often made complicated by concerns regarding healthcare costs, retirement, social security beneﬁts, property division and calculating alimony. It is important that NJ matrimonial attorneys have a strong working knowledge of Social Security Beneﬁts, in order to help navigate conﬂicts over support related issues. It is also essential that critical deadlines not be overlooked, otherwise divorcing litigants may irretrievably (and avoidably) lose entitlements to beneﬁts that would have otherwise been available.
Jonathan W. Wolfe, co-managing partner of Skoloff & Wolfe, P.C. and chair of the firm’s matrimonial and litigation departments, was sworn in as chair of the American Bar Association (ABA) Family Law Section. The ABA Section of Family Law has thousands of lawyer, associate and law student members worldwide who are dedicated to serving the field of family law. Mr. Wolfe is only the second attorney from NJ to serve as chair of the Family Law section.
Prior to becoming chair in August 2019, Mr. Wolfe had served as a member of the American Bar Association’s Executive Committee, Board of Governors and House of Delegates, and is a fellow of the American Bar Foundation. He has held numerous other leadership positions in the American Bar Association and has become a leader as a NJ Divorce Attorney. In addition, he served on the board of trustees of the New Jersey State Bar Association, the executive committee of its Family Law Section, chair of its Young Lawyers Division and received its 2008 Professional Achievement Award.
Mr. Wolfe is listed as one of the “Leading Lawyers in America” by Best Lawyers, one of the nation’s “500 Leading Lawyers” by Lawdragon, and a “Super Lawyer” by Super Lawyers for nine consecutive years. He was named “Lawyer of the Year” for Family Law in New Jersey (Newark area) by Best Lawyers in 2019 and has become a highly sought-after NJ Divorce Attorney.