When Property Becomes a Matter of Equitable Distribution

Sam Stoia - Tuesday, May 14, 2019
Truth be told, there are a plethora of misconceptions when it comes to an understanding of the meaning of equitable distribution (http://www.stoialaw.com/division-of-property-and-assets). For one, you should not think of equitable as equal. Instead, consider equitable distribution as a fair means of dividing up marital property. Notably, NJSA 2A:34-23(h) (https://codes.findlaw.com/nj/title-2a-administration-of-civil-an ..

Never Married Parents and Custody: What You Should Know

Sam Stoia - Thursday, May 09, 2019
You can always count on the Center for Disease Control and Prevention (CDC) (https://www.cdc.gov/nchs/pressroom/states/newjersey/newjersey.htm) for statistics that might or might not surprise you. In 2017, unmarried mothers delivered over a third of the babies born in NJ. That said, parental rights apply to both moms and dads. So, what happens when it comes to never married parents and custody (http://www.stoialaw.com/chil ..

What Happens When It Looks Like Co-Parenting Just Won't Work?

Sam Stoia - Tuesday, May 07, 2019
In theory, you both thought you were acting in the best interests of your child (http://www.stoialaw.com/stoialawblog/the-truth-about-your-children-s-best-interests). Admittedly, your relationship didn’t work out. Nonetheless, you wanted to do the right thing. Despite your differences, you figured you could handle co-parenting with your child’s mother or father (http://www.stoialaw.com/stoialawblog/how-to-make- ..

Still Need to Pay Alimony When You Close Your Business?

Sam Stoia - Thursday, May 02, 2019
The whole concept of permanent alimony (http://www.stoialaw.com/stoialawblog/is-permanent-alimony-still-possible) may absolutely blow your mind. By the same token, you might accept it as a matter of course. When you married for better or worse, you hoped things would work out. You acknowledge that your former spouse contributed to your successes. Nonetheless, you’re concerned. Will you still need to pay alimony when  ..

Plain and Not So Simple: Imputing Income for Support

Sam Stoia - Tuesday, April 30, 2019
Believe this. The court would almost certainly prefer avoiding the need for imputing income. (http://www.stoialaw.com/stoialawblog/imputing-income-in-nj-what-you-need-to-know) However, sometimes it represents an inevitable task. After all, New Jersey law doesn’t allow for an arbitrary number when it comes to support payments. It may be that you just lost your job. Quite frankly, it could be that you simply have  ..

What the Court Needs to Know When Granting a Restraining Order

Sam Stoia - Friday, April 26, 2019
Each and every year, New Jersey courts decided whether temporary restraining orders should become final. In the meantime, it’s not just about proving predicate acts of domestic violence. Nor, is it solely about showing a prior history of abuse. (http://www.stoialaw.com/stoialawblog/when-it-looks-like-a-history-of-domestic-violence-exists) Indeed, there’s more that the court needs to know when granting a restra ..

50 Things You'll Want to Know about Divorce in NJ

Sam Stoia - Wednesday, April 24, 2019
Sometimes you just need a quick answer. Wherever you are in the divorce process, you likely have some questions. This list of fifty represents no substitute for legal advice. If you’re considering a NJ divorce or need to pursue a post-judgment action, you should really speak with an experienced family law attorney (http://www.stoialaw.com/). What do we mean by a post-judgment action? As you go through life after ..

Did this Husband’s Business Have Value as a Premarital Asset?

Sam Stoia - Monday, April 22, 2019
As a business owner going through a divorce (http://www.stoialaw.com/divorce), it’s likely something you dread. After all, you put your heart and soul into establishing your company. In some cases, the possibility exists that you started your business before you even met or married your spouse. A recent case explores the concept of determining the value of a business as a premarital asset. The New Jersey Appellat ..

Your Children's College Expenses as a Legal Issue

Sam Stoia - Tuesday, April 09, 2019
Around this time of year, there’s a great deal of excitement in many households. After all, it’s the time that acceptance letters come in and decisions must be made. You may know this first hand when it comes to your own child’s college expenses (http://www.stoialaw.com/stoialawblog/divorces-impact-on-your-obligation-to-pay-college-tuition). In fact, it may represent a legal issue to you. Some parents ..

What Does Overnight Parenting Time Have To Do With Child Support?

Sam Stoia - Friday, April 05, 2019
In New Jersey, a great deal goes into determining child support obligations (http://www.stoialaw.com/child-support). No doubt it’s much more than deciding affordability and the child’s needs. Overnight parenting time factors in as well. The New Jersey Rules of Court, specifically Rule 5:6A (https://www.njcourts.gov/attorneys/assets/rules/r5-6a.pdf) provide an introduction to the use of Child Support Guideli ..