Articles
Child Custody – Is it Only the Courts That Can Decide?
The New Jersey Courts have always determined that matters involving the best interests of children can only be determined by a Judge if the parties cannot come to an agreement. No third party has been allowed to make those determinations under the theory that it is a Superior Court Judge that stands in the shoes of parents if they cannot come to an agreement to determine what the best interests of the parties are. This has often resulted in long and arduous and very expensive custody battles which often consisted of dueling mental health professionals. full article
When Child Support is Excessive
Throughout both New Jersey and Pennsylvania, high income earning families are not controlled by child support guidelines but rather, an individual analysis is required of the reasonable needs of children. It has always been presumed, and the courts have always ruled that the good fortune of a high income earning parent should “trickle down” for the children. Children of high income earners generally have more options available to them, are involved in more activities, vacations, and tend to enjoy the accoutrements of a more lavish lifestyle, including education. full article
The New and Confusing World of Gender Neutral Alimony
As the roles of husband and wife have evolved in society over the past ten years, so have the responsibilities and the obligations in divorce matters. With the divorce rate still hovering at 51%, these societal changes often have new and confusing impact on the parties involved in divorce. full article
Gender Neutral Alimony-The Effect on Men Receiving Same
It has been approximately 30 years since the United States Supreme Court ruled against gender discrimination in alimony. However, there have been very few men who have benefited or stepped forward to talk about that entitlement. The issue has been discussed primarily among celebrities or well known sports figures. In fact, during Joan Lunden’s divorce, the former television personality, when she was ordered to pay alimony to her husband of $18,000 per month in 1992 the question she asked was “Why the courts don’t tell a husband, who has been living off his wife, to go out and get a job is beyond my comprehension.” full article
The Effect of Special Needs Children and Autism on Divorce
Much has been written and discussed of late with regard to the faltering economy and the impact on couples seeking divorce. I have found in my more than thirty years of practice that while the economy has certainly been a factor, people choose to terminate a relationship regardless of the state of the economy. Obviously, the impact of valuation of assets, alimony, and child support is affected by the housing market and the falling stock market. full article
Divorce and the Special Needs Child
Unfortunately, the incidence of autism and autism spectrum disorders, including Asberger’s Syndrome seems to be increasing in our world today as is the rate of divorce. The stress of an ASD child (Autism Syndrome Disability) can often be the straw that breaks the camel’s back with regard to marriages that are already having problems. full article
Richard C. Klein, ESQ.
Woodland Falls Corporate Center
220 East Lake Drive
Suite 102
Cherry Hill, New Jersey 08002
Toll Free: 888-763-4490 | Telephone: 856-779-8700 | Fax: 856-779-8716