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Bergen County New Jersey FAQ


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If you are searching for a reputable and effective child support attorney, Kathryn A. Gilbert is considered one of the region's most trusted child support lawyers, with more than two decades of divorce, legal separation and mediation experience to bring to the table and a promise to provide you with the kind of personalized attention you should expect from a top child support lawyer.

child support is paid until the dependent children become emancipated, or self-supportive, which means that, if your children are very young, you've got a lot of years ahead of you to provide for them and how the courts determine this involves a complicated set of variables. You need the services of a qualified child support attorney to do this. Whether you are going through a divorce and need to establish a child support agreement, or are seeking to modify the terms of a pre-existing agreement, Kathryn A. Gilbert will assist you in the process. Her experience as one of the state's leading child support lawyers, her dedication to providing you personalized attention as your child support attorney, and her knowledge of the state's detailed and complex family laws make her the best child support lawyer you can find.

In New Jersey, Child support is generally based on the Child Support Guidelines, which take into account both parties income, including receipt or payment of alimony. It also takes into account the number of overnights spent with each parent, as well as who is paying for the health insurance for the children. Support is generally one of the easier things to calculate as it is a simple mathematical formula. You should also ask to discuss items that are not covered by the basic guidelines, such as mutually agreed upon unusual and extraordinary expenses and car insurance for children of driving age.

Divorce is messy, especially when it comes to the handling of child custody, child support issues, who makes a child support payment, alimony and other details. If you are uncertain of your rights under family law, whether your parental rights will require you to pay spousal support and child support, or need help with understanding father's rights or guidelines for mothers, Kathryn A. Gilbert can help. Gilbert's solid record as a top divorce, mediation and child custody advocate includes a long list of helping clients sort through the complicated issues of visitation, joint custody disputes, legal separation and child support laws, and more. Her experience includes helping couples move toward resolution during child support and custody cases quickly and in the most amicable way possible, ensuring that the outcome, regardless of the parents' objectives, is always centered on the needs and best interest of the children.

As a qualified attorney in the field of family law, Ms. Gilbert brings solid knowledge of child custody and child support laws to the table and can help you and your spouse or former spouse wade through the fine points involved, including, monetary compensation for food, clothing and basic necessities; health care coverage, and even school and college tuition fees. Divorce, Child Custody, Family Law, Visitation Laws, Fathers Rights, Child Support Guidelines, Parental Rights, Alimony, Spousal Support, Joint Custody and Child Sport Payments In the state of New Jersey, whether in Bergen County, NJ, Fort Lee NJ 07024 and Paramus NJ 07652 or elsewhere.
Technically no, the Court allows Parties to represent themselves in Divorce proceedings. It is wise to consult with an attorney since you might not be aware of some issues that need to be resolved and if you get divorced without an attorney and discover the mistake later it might be either too late to correct the mistake or very costly to do so, much more than if you had handled it correctly in the first place through an attorney. No matter if you consult with a River Edge attorney, Teaneck attorney, or an attorney from your county in New Jersey; it is something that should be considered when decided to go through with a divorce case. If you have no children, no joint assets or liabilities, both of you have the means to support yourself, there is no name change, it is a short term marriage and you are proficient with legal documents then you might not need an attorney. Consider your lawyer a type of insurance policy. No one wants to spend money on legal fees, but if you don't, it could be very costly later. Often a single unresolved issue can cost thousands more to address after a divorce. Many times you will not even be able to reopen the divorce case at all to address an issue that you missed by doing it yourself.
If you are searching for a qualified alimony attorney, an alimony lawyer with solid family law experience and one of the most trusted track records of any of the state's alimony lawyers, please contact Kathryn A. Gilbert for help.

Under New Jersey laws, there is a statute and case law to guide divorcing parties as to what amount of alimony payments, also called spousal support, if any, is to be paid to a dependent spouse during a divorce or separation. It is important to note that, when you file for divorce and seek alimony payments for your spouse, the amount of alimony, even in legal separation, is not determined by fault, but rather based entirely on the financial disparity, needs and ability to pay between the two parties involved.

Although your individual circumstances may vary, mediators and divorce and alimony lawyers are guided by certain statutes regarding financial determination and the outcome of your case. The Court must consider the following factors set forth in N.J.S.A. 2A:34-23(b): The actual need and ability of the parties to pay. The duration of the marriage. The age, physical and emotional health of the parties. The standard of living established during the marriage and the likelihood that each party can maintain a reasonable comparable standard of living. The parties' earning capability, education and employability. The length of absence from the job market. Parental responsibilities for the children. The time and expense needed to acquire education or training to enable a depended spouse to obtain appropriate employment. The financial and non-financial contributions of each spouse to the marriage. Equitable distribution. Income available and non-financial contributions of each spouse to the marriage. The tax consequences of alimony. Any other factor which the court deems relevant.

There are different types of alimony and it's important to know what they are as you pursue your legal options and work with your alimony lawyer. Pendente Lite Alimony: May be set by the Court or agreed upon by the parties. This is an amount that is paid while the divorce action is pending and is intended to maintain the status quo of the Parties. Open Durational Alimony: This is the closest thing to "forever" alimony it is generally available for marriages over 20 years in duration and is paid until one spouse dies or the dependent spouse remarries or the paying spouse retires on or after the statutory retirement age. It can be modified based on changed circumstances in some instances. Before agreeing to this type of alimony it is wise for the parties to discuss what will happen when the paying spouse retires.

Other forms of alimony are

1) Limited Duration or Term Alimony- This is paid for a number of years which cannot exceed the total number of years of the marriage except in exceptional circumstances.

2) Rehabilitative Alimony- This is paid for a period of time to enable the supported spouse to become self sufficient.

3) Reimbursement Alimony: This is money paid to someone who may have sacrificed to enable their spouse to obtain a professional degree with much higher earning capacity.

alimony is intended to permit the dependent spouse to live the same lifestyle after divorce that he or she lived during the marriage. If you need the services of a qualified alimony attorney or alimony lawyer, Ms. Gilbert offers the kind of experience and knowledge of New Jersey family law that make her one of the state's top alimony lawyers, capable of helping you move toward resolution and achieve your long-term goals so you can get on with your life.

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