Tuesday, March 29, 2016

Divorce Attorney in the Glen Rock NJ Area

 Alimony can be one of the most contentious issues in a divorce proceeding.  Alimony or spousal support  refers to payments that the higher wage earner must pay to the lower wage earner.  Alimony or spousal support is separate from any child support obligation the parties may have. It’s all but inevitable that the party paying alimony will feel that he or she is paying too much and the party receiving alimony will feel as if he or she is receiving too little.

Kathy Karas-Pasciucco of FYKG brings a depth of professional experience and personal insight to each family law matter. If you feel you are entitled to alimony, or may have to pay alimony, we are here to be your divorce attorney in Glen Rock NJ and provide assistance to those facing a difficult chapter of their lives.

It’s important for couples going through a divorce to understand the legal issues relating to alimony, and if possible, to come to a mutual understanding about what is reasonable and fair, without a protracted legal fight. This can be especially difficult due to the stresses we all feel when it comes to discussing money and financial obligations. The person obligated to pay alimony will be fearful that he or she will not have enough money to support him or herself, whereas the person receiving alimony fears that he or she will not receive enough money to support him or herself. Many times these fears will result in hostility toward the other party.  This hostility only exacerbates the sense of discord and stands in the way of settlement.

As a divorce attorney in Glen Rock NJ, I find it is sometimes helpful to explain the factors a court will look at in deciding alimony in order to begin to work toward a fair settlement. In other words, I ask my client to take a step back from whatever their personal grievances about the other party may be, and try to understand the objective criteria a judge will consider. There are no specific calculators or guidelines in New Jersey for calculating alimony but the statute does provide a list of factors that courts are required to look at in order to make an alimony award as follows:
  • Demonstration of need;
  • Ability to pay;
  • The duration of the marriage;
  • The ages of both parties;
  • The physical and emotional health of both parties;
  • The standard of living during the course of the marriage;
  • Parental responsibilities;
  • The time and expense for the supported spouse to obtain training in order to become self-supporting;
  • Each party’s contribution to the marriage (both financial and non-financial);
  • Each party’s income and/or ability to earn; education and employment;

On September 10, 2014, the alimony reform bill went into effect. This bill establishes durational limits on alimony and replaces “permanent alimony” language with “open durational alimony” language. It also sets forth the factors to be considered when attempting to modify or terminate alimony. It is important to note that certain aspects of the bill do not apply to alimony orders that are already in effect and only apply to new divorces.  There are certain aspects of the bill that do apply when one is attempting to modify or terminate an existing alimony order based upon a change in circumstances.

Are you looking for a divorce attorney in Glen Rock NJ? Kathy Karas-Pasciucco of FYKG has years of experience handling divorce and alimony cases for our clients.

FYKG provides assistance to Glen Rock NJ, as well as the following communities:

For more information about our divorce attorney in Glen Rock NJ, contact Kathy Karas-Pasciucco of FYKG at (201) 791-4400.