January 29, 2012 - Divorced individuals may be entitled to their former spouse’s Social Security benefits. Entitlement to SSI benefits depends on several factors. Because divorce and SSI benefits are each complicated issues to sort through on their own, they become even more complex when they are intertwined. With 35 years experience as a New Jersey Divorce attorney, Richard C. Klein, Esquire, Chair of the Family Law Group of Becker Meisel, LLC understands just how complicated the question of entitlement to a former spouse’s Social Security Benefits can be.

Eligibility to Receive Ex-Spouse’s SSI Benefits

People who divorced years ago may be unaware of their eligibility to collect on the earnings history of a former spouse. As with married couples, your eligibility does not depend on whether or not you worked and paid into the system, but simply if your former spouse did. You can choose to accept your own Social Security benefits allotment based on your own earnings history, or 50% of your former spouse’s benefit, if it is greater. If your former spouse is deceased, you can claim 100% of your former spouse’s Social Security benefits. The fact that your former spouse remarried does not affect your rights to the benefits.

Restrictions on Former Spouse’s SSI Benefits

Some rules do apply in order to collect your former spouse’s Social Security benefits. Your marriage must have lasted 10 years or longer. You must be unmarried when applying for the benefits, or if you are currently married, you must have remarried after the age of 60. Even if you are under the full retirement age of 65 but your former spouse is 62 or older, you can collect a reduced benefit at age 62 based on your ex-spouse’s earning; however, there is a requirement that the divorce occurred at least two years before your applied for the benefits. At the age of 60, you can start receiving a reduced divorced widow benefit.

Contact an Experienced, Knowledge New Jersey Divorce Attorney

 While this is only a brief discussion of one of many considerations that you must address when planning for your post-divorce future, it clearly illustrates just how complicated those considerations can be.  Richard C. Klein is a well-respected New Jersey Divorce attorney handling all types of family law matters, including equitable distribution of asset and liabilities, alimony, child support and many other issues that come into play when planning your post-divorce financial well-being. Contact the law offices of Richard C. Klein, Esq. to discuss your rights to support and SSI benefits after your divorce. With offices throughout New Jersey, including Cherry Hill, Shrewsbury & Livingston, there is a convenient location for you to schedule an appointment with Mr. Klein or one of his experienced, knowledgeable New Jersey Divorce attorneys in the Becker Meisel Family Law Group.

January 19, 2012 – Cherry Hill divorce attorney, Richard C. Klein, Family Law Group Chair at the law firm of Becker Meisel, LLC,  was selected as one of the Philadelphia/South Jersey Top Rated Lawyers, AV Preeminent by Martindale-Hubbell. The Martindale-Hubbell PEER REVIEW RATINGS use lawyer evaluations by other members of the bar and the judiciary in the United States and Canada to objectively evaluate a lawyer’s high moral standard and expert ability.

During the PEER REVIEW, attorneys are asked to assess their colleagues’ general ethical standards and legal ability in a specific area of practice. Family Law attorney Richard C. Klein obtained the highest ratings available and received the certification of AV Preeminent which is a highly respected accomplishment and affirms his commitment to legal excellence.

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January 11, 2012 – The need for parenting agreements to specify how religious beliefs and practices will be carried out in regard to child custody is becoming increasingly basic in divorce settlements. Some couples may initially agree that the custody arrangement will match how they had previously lived together, with one of the parents largely defining their child’s faith identity; however, during divorce, all of that can change and religious aspects become significant. For example, disputes can arise when one of the parents remarries someone of another faith. South Jersey Divorce Attorney Richard C. Klein focuses on New Jersey child custody matters and is an expert in developing parenting agreements that clearly define the progression of a child’s faith formation.

Parenting agreements can stipulate religion, denomination and doctrine.  The agreements can prohibit either parent from speaking against the other’s faith or from sharing their religious experience that may make the child think they are one religion or another. Some New Jersey parenting agreements go as far as to clarify which parent will pay for a bar mitzvah and who controls the guest list.

While the elements of a parenting agreement may seem awkward, working out the details with an experienced New Jersey family law attorney such as Cherry Hill Divorce lawyer Richard C. Klein, Chair of the Family Law Department of the renowned firm of Becker Meisel, LLC, can thwart future conflicts. Religion is just one subject that can be addressed in ever-increasingly complex parenting agreements. Plans for education, parental dating, discipline and whether or not medication can be given for a pre-diagnosed learning disability are all potential arguable issues. It’s important to put the details on paper in a binding parenting agreement. Contact the law offices of New Jersey Divorce attorney Richard C. Klein today to speak with one of our compassionate, knowledgeable Cherry Hill child custody attorneys.

January 8, 2012 – On December 15, 2011, the Moorestown Board of Education voted to pay back tuition and legal fees for an autistic teenager whose parents pulled him from a Moorestown school and enrolled him in a private school. The Board of Education also voted to drop the Moorestown school district’s appeal of a special-education access lawsuit that was filed by the child’s family over four years ago.  The vote came as a result of a settlement reached between the parties through mediation ordered by the U.S. Court of Appeals for the Third Circuit in Philadelphia.

In September, 2011, a U.S. District Judge ruled that the child was entitled to a full Individual Education Plan (IEP) from the District even though the parents had taken him out of a district school and enrolled him in private school. A full IEP requires extensive testing and other assessments to determine education goals for a special needs student and how a school district will provide services to reach those goals.  Moorestown argued that because the boy was enrolled in a private school, and not in the Moorestown School District schools, he was only qualified for a lesser level of evaluation and service plan.  The parents’ position was that the full IEP would help them assess whether they should pull their child from private school if Moorestown could provide a satisfactory arrangement.  They did not want to risk his place in the private school if they could not reach an agreement with the Moorestown School District over what services it would provide.

The District’s position – that a child who is not enrolled in a district school is not entitled by law to seek a full IEP- is in direct conflict with the federal Individuals with Disabilities Education Act. The Act requires school districts provide an IEP to all disabled students living in the district, regardless of whether they are enrolled in the district’s schools. In 2009, a state administration judge ruled that because the District refused to provide the child with an IEP for three school years, they denied the child a “free and appropriate public education”. As a result of the ruling against the District, the child now has a full-scale IEP with the District and the District pays for him to attend a private school for students with social and learning disabilities.

Cherry Hill-based Family Law attorney Richard C. Klein is highly skilled in the area of Special Needs Children.  As Chair of the Family Law Department of the renowned firm of Becker Meisel, LLC, he maintains offices throughout New Jersey and has earned a reputation as a preeminent New Jersey Special Needs Attorney.  Contact him today at 888-763-4490 if you have concerns about your special needs child, including your child’s right to a quality education, as well as special needs trusts to provide for your child’s continued care and quality of life.

December 28, 2011 – In general, unmarried parents have the same rights and responsibilities as married or divorced parents, just as children born to unwed parents are entitled to the same protections as children born to married parents. Arrangements must be made between unmarried parents to deal with custody, child support, and visitation or “parenting time”. Cherry Hill family law attorney, Richard C. Klein, Esq., Chair of the Family Law Department of the renowned Becker Meisel Law Firm, is extremely experienced in securing the custody rights of unmarried parents, establishing financial support arrangements, and facilitating an outcome that considers the court’s standard of “best interests of the child”.

If you are an unmarried parent, you may exercise your parental rights, and be held to parental obligations, only after you are recognized as the child’s parent.  Sometimes, it is necessary for a New Jersey Family Court to declare your paternity.   Paternity is crucial to future custody and visitation arrangements, as well as regulated financial support. Establishing paternity allows an unmarried, non-custodial parent to seek visitation or “parenting time” or joint custody, or even sole custody under extreme circumstances.  For a custodial parent, the establishment of paternity enables that parent to obtain an award of child support and to seek the assistance of the state or federal government to ensure collection of support.

Just as with divorced parents, New Jersey unmarried parents are responsible for supporting their children, in most cases until the age of 18. For both married and unmarried parents, child support requirements are governed by the “Basic Monthly Child Support Guidelines” set out in the New Jersey Statutes. New Jersey child support lawyer Richard C. Klein, Esq., is well-versed in the application of the Child Support Guidelines and can help you get the child support your child deserves.

Frequent contact with both parents is generally assumed by the court to be the ideal visitation agreement. As with divorcing parents, in the case of determining custody and visitation rights of unmarried parents, courts use the “best interests of the child” standard and the presumption that both parents have the right to nurture and raise their child unless it would be harmful to the child. South Jersey divorce lawyer, Richard C. Klein, Esq., a knowledgeable family law attorney for unmarried parental rights, will help you establish an enforceable “parenting time” or visitation schedule.  A “parenting agreement” developed with the help of our Cherry Hill visitation attorneys can prevent simple parenting issues between unmarried parents from becoming bigger problems.

In severe cases, unmarried parents may be entitled to file for termination of the other parent’s rights. Contact Richard C. Klein, Esq., if you believe there is an extreme situation affecting your child and his or her relationship with the other parent, such as abandonment, neglect, abuse, severe mental illness, or a long prison sentence. Our experienced Cherry Hill family law attorneys can determine if you have a legitimate claim to file for the termination of parental rights.

Unmarried parents have the same issues as divorced parents – custody, support, and “parenting time” or visitation.  If you are a New Jersey unmarried parent, call our office today to discuss your rights and responsibilities with a knowledgeable, compassionate family law attorney.  Cherry Hill parental rights attorney Richard C. Klein, Esq., strives to give unmarried parents and their children protection and peace of mind.

December 7, 2011 – Grandparents across the country are pushing lawmakers to change state standards governing grandparent visitation. Currently, the laws restrict and ignore the unique relationship grandparents have with their grandchildren. The United States Supreme Court is expected to decide this winter if it will revisit the ruling in the case of Troxel v. Granville which states: grandparent visitation is ultimately at the discretion of the custodial parent.

Based on Troxel v. Granville, grandparent visitation should be a clear cut issue; however, because state laws vary depending on whether the state is parent-friendly or grandparent-friendly, this area of law has become increasingly complex. Under the New Jersey’s Grandparents’ Visitation Statute, N.J.S.A. 9:27.1., a grandparent bears the burden of proving “by preponderance of the evidence” that visitation is in the best interest of the child.

When grandparents seek visitation that conflicts with the wishes of the custodial parent, the court considers eight factors in determining what constitutes the “best interests” of the child:

1. The relationship between the child and the grandparent;
2. The relationship between the grandparent and each of the child’s parents or the person with whom the child is residing;
3. Time elapsed since the last contact with the grandparent;
4. How visitation will affect the relationship between the child and the child’s parents or the person with whom the child is residing;
5. Any time-sharing arrangement which exists between divorced or separated parents with regard to the child;
6. Grandparent’s “good faith” in filing the application;
7. History of abuse or neglect by the grandparent; and
8. Any other relevant factor.

Even after passing the “preponderance of the evidence” test set out in the Statute, grandparents may still be denied visitation due to the New Jersey Grandparent visitation case of Moriarty v. Bradt, where the court altered the burden of proof by making it more stringent.  In Moriarty v. Bradt, the Court ruled that grandparents or other third parties seeking visitation also need to prove by “preponderance of the evidence” that without visitation, actual harm, including emotional and psychological, will result to the child’s health and welfare.

Since the Moriarty v. Bradt ruling, the New Jersey Appellate Court has denied numerous applications by grandparents for visitation rights.  Cherry Hill family law attorney Richard C. Klein, head of the family law department of renowned law firm of  Becker Meisel,  has recently been successful, however, in overcoming the stringent burden sent out in Moriarty v. Bradt. Mr. Klein recently won an important victory defending grandparents’ rights when he and his associate represented grandparents who were the children’s temporary foster parents for almost two years before the children were adopted by other relatives. The adoptive parents allowed grandparent visitation for two years before they refused further visitation. Mr. Klein successfully argued that the considerations under the Grandparents’ Visitation statute should be applied and that the grandparents request for visitation be granted.

The Cherry Hill family law firm of Richard C. Klein, Esq., is in the forefront of grandparents’ rights litigation and has the experience to guide you through the challenges inherent to grandparent visitation issues. Call our South Jersey Family Law attorneys today to discuss your grandparent or third-party visitation matter.

November 30, 2011 – He may be a father who owes in excess of $117, 000 in child support, but Congressman Joe Walsh was recently honored by the conservative Family Reserve Council for his “unwavering support of the family”. According to the Council, he is a “True Blue” family man. Surprisingly, being a deadbeat dad did not disqualify him from that title or being honored.

Child support is the continuous responsibility of every parent regardless of their position in politics or the honors they have received. In New Jersey, an analysis of the Child Support Guidelines determines the amount of child support needed to cover the cost of food, clothing, shelter, college expenses, health insurance and daycare. Other considerations in calculating the child support awards are: special needs of the child, educational or emotional; the child’s current standard of living; the age of the child; and the custody arrangements.  The court evaluates the ability of the parents to the meet the needs of the child, not a parent’s “standing” in the community.

Child support payment enforcement applies to all parents and the failure to comply with a child support order has severe consequences. In New Jersey, the county Probation Department and the Office of Child Support Services supervise the Child Support Program to ensure payment of child support through wage garnishment, or through attachment of unemployment or worker’s compensation benefits.  Past-due child support payments can be taken from assets such as money in the bank, stocks and bonds, winnings over $600 in the lottery and civil court awards or settlements. Cherry Hill divorce attorney Richard C. Klein Esq. regularly handles New Jersey child support enforcement matters.

South Jersey matrimonial lawyer Richard C. Klein, Esq. Chair of the Family Law Department of Becker Meisel LLC., has the experience and knowledge to help you understand your rights and to ensure that you receive the child support you are entitled to so you can meet the needs of your child. If you are struggling through a divorce and need help to determine child custody and child support, or you are not receiving the child support as court ordered, Cherry Hill family law attorney Richard C. Klein, Esq., is the one to contact. He and his team of experienced New Jersey child support attorneys will work hard so your child will receive the financial support your child deserves.

November 23, 2011 – Your parenting time agreement is crucial to you and your children as this holiday season approaches and plans are made for holiday visitations. As the holidays are special times for you and your family, your former spouse and in-laws, and most importantly your children, be proactive and avoid emotional disasters during this time by reviewing your court ordered custody agreement and parenting plan. This is especially important because Christmas and New Year’s Day fall on the weekends this year. Cherry Hill child custody lawyer Richard C. Klein has the experience to guide you through your holiday visitation which may need to supersede your family’s regular visitation schedule.

Even if you anticipate a cordial holiday season visitation experience with your former spouse, follow these simple steps to ensure good cheer for everyone: Review your parenting time agreement and visitation schedule to determine the exact dates and times that the children are scheduled to be with you and when they are scheduled to be with the other parent. Send confirmation of the holiday schedule to your ex-spouse so that you are both on the same page. Make sure everyone in your household is aware of with whom, when, and where they will be spending the holidays.

If conflicts arise and  you or your former spouse needs clarification about the holiday visitation schedule set forth in the parenting time agreement or you anticipate interference with the agreed-upon parenting time arrangement, you may need the assistance of an experienced divorce attorney.  Consult South Jersey divorce attorney Richard C. Klein. He can work out a mutually acceptable amendment to your parenting time agreement, incorporating your concerns, such as visiting relatives, school break activities and religious observances. By contacting our Cherry Hill family law offices before your holiday visitation conflict turns hostile, you can avoid the need for our child custody lawyers to file ex parte or emergency legal documents at this time of year. Your visitation agreement was created to help you organize schedules, not hinder them.

Out of town visitations can be the source of special concerns.  If either the custodial or the non-custodial parent has booked a family holiday vacation out of state, the parenting time agreement may require the other parent’s written consent. In extreme cases, out of town holiday trips may cause anxiety over unsupervised visits or non-custodial parent abductions. If you think you need the Court’s intervention to prevent a dangerous situation, call South Jersey child custody lawyer Richard C. Klein to discuss whether you need to seek modification of your visitation agreement.

Normally, a modification of visitation requires a showing of a change in circumstances and that the modification is in the best interest of the child. If your former spouse’s request for an out-of-town holiday trip conflicts with your regular visitation schedule, but doesn’t really present a dangerous situation, it’s probably in the “best interest” of your child to be flexible.  Still, our Cherry Hill family law attorneys can assist you in setting out parameters for the trip that will alleviate any stress you may feel and make the experience as enjoyable as possible for your children.

A minimal effort on your part by reviewing and clarifying your parenting plan in advance of the holiday season could save you and your family from emotional and financial disaster and ensure that this holiday season will be a special time for you and your children.  If you anticipate that your former spouse will not comply with your visitation schedule, or you can’t work out a mutually agreed-upon modification for the special circumstances that come with the holidays, call Cherry Hill visitation lawyer Richard C. Klein today to discuss your options.

November 15, 2011 – Divorce or dissolution of a civil union does not mean that you have to lose the “family business” that you and your spouse or partner have dedicated time, money and effort building. One or both of the partners may wish to keep the business functioning despite going through a divorce or dissolution. It has become more than just a source of income. It has become part of a family’s way of life.

Even though both parties consider the family business important to their lifestyle, very often the couple will have different ideas about how to continue the divide the business and its assets or liabilities. New Jersey provides for division of property through “equitable distribution”, which does not necessarily mean “equal”, but that the property is divided fairly.  In addition to family businesses, equitable distribution applies to other assets acquired by one or both parties during the course of the marriage or civil union. This includes financial assets, personal property, real estate and other businesses owned by one or both spouses or partners. In addition, a premarital asset may be subject to equitable distribution if it was acquired “in contemplation of marriage”.

The experienced South Jersey divorce attorneys of the law firm of Richard C. Klein, Esq., have the knowledge and expertise to guide you through an equitable settlement concerning your family business, especially if there is no prenuptial agreement in place. Richard C. Klein, Esq., and his team of Cherry Hill equitable distribution lawyers will protect your best interest and preserve your financial well being by keeping the focus on the value and integrity of the business. This is achieved by completing a thorough business valuation which is crucial in reaching a fair agreement. A business valuation includes not only the business’s assets and liabilities, but past earnings and future projections so that the “true value” of the business is calculated. Once an accurate valuation of the business is determined, the assets and earnings accumulated during the marriage or civil union can be equitably distributed pursuant to a settlement agreement between the parties.

When approving a settlement agreement and the proposed division of marital assets, or if an agreement cannot be reached between the parties, the New Jersey divorce courts consider the following factors:  the duration of the marriage or civil union; age, physical and emotional health of the parties; income and property brought to the marriage by each party; written agreements made by the parties; and the financial conditions of each party at the time the division of property becomes effective. The division of marital assets that involves the equitable distribution of a family business is complex and has the potential to become complicated and hostile. To protect the hard earned assets of your family business while negotiating equitable distribution, contact the Cherry Hill family law offices of premier South Jersey divorce lawyer Richard C. Klein Esq. to guard the financial security you’ve built up through your family business.  Call us today at 888-763-4490.

November 9, 2011 – More good advice about the use of social media websites falls under the heading of “preventive medicine”. If you have a relationship you want to protect, avoid opening the Pandora’s Box that is Facebook, which, once opened, can quickly get out of control. We’ve probably all heard stories of marriages that ended in divorce because of affairs that started on social media sites.

Facebook and other social websites give us access to friends, classmates, coworkers and even strangers. All of them are easy to reach with one message, one wall post or one photo tag. Social media provides an avenue for immediate relief and diversion any time you’re having a bad day at work or a fight with your spouse. With all of that access and diversion, it is not really surprising that recent studies show that a full 20% of all divorces stemmed from a situation that started on a social media site, primarily on Facebook.  

Some tips for saving your marriage from a Facebook demise:

1. Accurately mark your marital status in your profile—there should be no misunderstanding as to whether or not you are married.
2. If you wouldn’t have a particular conversation with someone else in front of your spouse, then you shouldn’t be having that conversation on Facebook.
3. Freely share your accounts and passwords with your spouse—full disclosure is the best policy.
4. Posts pictures of you with your spouse.
5. Make sure that Facebook time is not eating up all the time that you could be spending with your spouse.

Sound legal advice is essential when you find yourself facing a possible divorce. The experienced and knowledgeable South Jersey divorce attorneys at the law offices of Richard Klein, Esq., are ready to put their expertise to work for you in representing your needs and resolving your marital dispute with the best possible outcome for you. Call our office today to schedule a consultation.