The impact of federal tax law has evolved into an important aspect of my matrimonial practice. This is the first of three blogs which will discuss how the divorce process can affect your taxes, as well as the difference between the need for joint and individual tax return filings during a divorce.
In the case of Holst-Knudsen v. Mikisch, decided on March 6, 2012, the Appellate Division of the New Jersey Superior Court addressed the thorny issue of a custodial parent’s right to legally change the surname of a child from that of the other parent.
Since passage of the New Jersey Prevention of Domestic Violence Act over two decades ago, family courts have become inundated with domestic violence cases of all shades and stripes. Since the Act established the lowest legal burden of proof (a “preponderance of the evidence” as opposed to “clear and convincing” or “beyond a reasonable doubt”), Final Restraining Orders became relatively easy to obtain. There were, of course, reversals of some decisions but many attorneys, myself included, agreed that defendants in domestic violence cases stood at least as much chance of losing than prevailing at trial.
The obligation to pay alimony to one’s former spouse is a long-standing tenet of New Jersey statutory and decisional law. From time to time, various efforts have been made to reform and, in some cases, eliminate alimony which have proven unsuccessful. A new challenge has been mounted by New Jersey Alimony Reform, an organization founded by Thomas Luesek, a biology professor at Rutgers University, who was ordered by a Union County Court to pay permanent (i.e. indefinite duration) alimony to his former wife who he claims is capable of self support and does not need alimony.
In a case of first impression, a New Jersey woman can be prosecuted for identity theft for allegedly creating a fake Facebook profile for her ex-boyfriend, and posting inflammatory comments about him online, a Judge has ruled.
A Connecticut Judge has ordered a soon-to-be ex-husband and ex-wife to exchange their Facebook and dating website passwords in connection with their pending divorce.
On October 25, 2011, the Appellate Division of the New Jersey Superior Court decided that the case of B. v. B. (names redacted for privacy) and recognized the significant decrease in real estate values in implementing the parties’ divorce settlement.
In a recently published Opinion, a New Jersey trial court issued two rulings of significance to divorced parents of college students. The issues in question have vexed family law attorneys for some time since cogent arguments existed on both sides.
In a recent opinion, a New Jersey appeals court re-emphasized the importance of reducing divorce settlements to writing. That is, however, not enough since a poorly drafted agreement is of little use to the parties or courts after the fact.
Welcome to that time of year when thoughts turn to spring. As a baseball fan, my thoughts turn to Spring Training, while as a divorce lawyer, they turn to taxes. Why, you may ask? Well, with tax filings due April 15th, there will be no small amount of questions as to such issues as, “are my support payments taxable? Are they tax deductible? What about the assets I received or gave to my ex-spouse? Who gets to claim the children? How am I permitted to file? Can I file separately from my spouse? Should I do so?
