Proving Cohabitation? It's Not Really as Easy as You Think

Sam Stoia - Tuesday, February 20, 2018
You divorced only a couple of years ago. At the time, you and your husband came to an agreement about alimony payments. Later, the judge included the terms when he granted your divorce. Spousal support was set for an end date, which would terminate earlier if your ex had a lover move in with him. However, you were also warned. You needed to prove cohabitation in order to achieve early relief from support obligations.  ..

Business Valuation in a Divorce: No Magic Formula

Sam Stoia - Wednesday, February 14, 2018
There’s a chance that you’ve delayed your divorce for financial reasons. After all, you’ve owned a company for many years. As far as you’re concerned, your ex-doesn’t deserve a share at all. Unfortunately, your opinion matters little. When it comes to determining equitable distribution (https://www.law.cornell.edu/wex/equitable_distribution), your business is considered a marital asset.  ..

Custody or Parenting Time Interference: What You Need to Know

Sam Stoia - Monday, February 12, 2018
To put it bluntly, no one wants to face criminal charges. However, interference with custody or parenting time makes it a possibility. That’s not to say there aren’t situations when denying visitation seems critical. The same can be said about the decision not to return a child to the custodial parent. While it’s true that some parents have informal agreements as far as custody and parenting times,  ..

Child Support Adjustments: What You Should Know

Sam Stoia - Thursday, February 08, 2018
An intimate relationship that establishes parenthood does many things. For most, it creates a degree of permanent bond between the couple. Like it or not, parents find themselves interacting even when their personal relationships go sour. At the very least, visitation and support can be concerns. This may mean at least preliminary court appearances. So, what happens when child support adjustments seem in order? Ch ..

Failure to Pay Child Support: Does It Stop Visitation?

Sam Stoia - Wednesday, January 31, 2018
Just about every family law attorney (http://www.stoialaw.com/) can share a similar rendition of an office consultation. It doesn’t matter if the parents were ever married. More often than not, it’s the mother who asserts her position. She’s decided that she doesn’t want child support from the baby’s father. As far as she’s concerned, that means the dad won’t have visitation r ..

Tax Reform and Your Divorce: Should You Be Worried?

Sam Stoia - Monday, January 29, 2018
It’s already January 2018, and a number of divorce complaints are already in the works. You should know that it’s not exactly an anomaly. Truth be told, January holds the record (http://www.stoialaw.com/stoialawblog/why-do-more-people-file-for-divorce-in-january) for the greatest number of divorces filed year after year. Without question, 2018 will not be the exception. In this case, it may be that tax refo ..

How to Deal With Your Estranged Spouse’s Foreign Assets

Sam Stoia - Tuesday, December 05, 2017
You have filed for divorce (http://www.stoialaw.com/divorce). Your wife is from Belgium and when you married, she owned property there. But during the marriage, you have been jointly paying expenses for the property. Is this a marital asset? Are you entitled to assert a claim for foreign assets as a part of your divorce? Whether Property is Matrimonial Property Many times in divorce cases, it is unclear wha ..

Marital Settlement Agreements: What You Need to Know

Sam Stoia - Thursday, November 30, 2017
Without question, one of the toughest life experiences is ending a marriage. The divorce process (http://www.stoialaw.com/divorce) itself is often the source of great stress. In fact, you may enter into a marital settlement agreement (MSA) to speed up the process. Notwithstanding, you should ensure you know what you are signing before agreeing to anything. Truth be told, divorce settlements are strongly encouraged.  ..

When It Looks Like a History of Domestic Violence Exists

Sam Stoia - Tuesday, November 21, 2017
Victims of domestic violence are often unpredictable. There are those that seek out a restraining order at the slightest verbal provocation. Meanwhile, an amazing number of domestic violence victims wait it out. You might be surprised at how often an application for protective relief involves a history of domestic violence. According to statistics accumulated by the National Coalition Against Domestic Violence, (htt ..

Want to Relocate Your Children? Know This First

Sam Stoia - Tuesday, October 03, 2017
Things are looking up for you. Your divorce is final, your children are adjusting to the custody arrangement you have with your ex, and work is going well. In fact, you just got a promotion with a generous raise. The possible drawback is that it requires you to relocate from New Jersey to Massachusetts. The company is going to pay to relocate you, but you have concerns that your ex will have a problem with yo ..