Obermayer Family Matters

Obermayer Family Matters

Can Alimony Be Changed After a Divorce?

Posted in Alimony

The simple answer is YES! Alimony is always reviewable based upon a substantial change in either party’s financial circumstances. However, in general terms, we usually see the payor spouse (the one paying the alimony) file these applications. As an example, if the payor spouse loses his/her job or suddenly becomes seriously ill, then that spouse may file an application with the Court to review his/her support obligation. (It should be noted that this analysis may be different if the parties specifically agreed in their Marital Settlement Agreement that alimony is non-modifiable in nature, i.e. that they do not want the Court to review alimony now or ever in the future.)  Continue Reading

How Do I Prove Cohabitation to Suspend My Alimony Obligation?

Posted in Cohabitation Agreement

As you may have heard, it just got a bit easier in New Jersey to prove cohabitation, i.e. that your former spouse is in a serious relationship with their new partner!  Specifically, now, you no longer need to prove that your former spouse is living with their new love interest on a full-time basis.  This is huge! So, what evidence do you need to present to the Court to evidence that your former spouse has entered into more than a causal dating relationship?! The simple answer: as many proofs as you can find to meet your initial burden as follows: Continue Reading

Vacationing with the Kids: Are You (Really) Ready for Summer?

Posted in Custody, Divorce

With summer time right around the corner, many divorced and separated parents have questions about what summer parenting time (does the school year parenting time schedule change or stay the same?), vacations with the children (who gets to take the children on vacation and when?), and summer camp for the children (who enrolls and pays for summer camp or daycare?). Generally, the answer to all of these questions is: “It depends.” Because the summer time can bring about changes in the schedules of children and parents alike, it is essential to make sure that you and your ex are on the same page about the children’s summer schedule. Continue Reading

A Name Change May Cause Issues with Your Tax Return

Posted in Divorce

Many spouses change their last name when they get married. If the marriage ends in divorce, they may choose to resume their maiden or former name. The Internal Revenue Service released a Publication reminding married and divorced people that if they do not take the necessary steps to ensure the name on their tax return matches the name registered with the Social Security Administration, the mismatch will cause problems in the processing of their return and may even delay their refund. Continue Reading

Common misconceptions of NJ family law

Posted in Child Support, Custody, Divorce, New Jersey

In a world of “fake news,” access to reliable information about the divorce process is more difficult to come by than one may realize. While many litigants are quick to consult the internet, family members and friends for guidance on their divorce, the reality is that not everything you read/hear about divorce is credible and, even if it is, no two divorces are exactly alike. This blog post will attempt to identify, and hopefully dispel, five of the common misconceptions about divorce in New Jersey: Continue Reading

Are High School Sports Dangerous Enough to Become a Custody Issue?

Posted in Custody

Recently the New York Times highlighted a Pennsylvania child custody case focusing on whether or not a child who has sustained multiple concussions should continue to play football.  The court has allowed the child to play high school football on an interim basis while the case moves forward.  The issue involves decisions regarding choice of activity and potential medical decisions.  The court usually handles decisions regarding childhood activities differently then it handles medical decisions.  Continue Reading

AAML Opposition to Repeal of the Alimony Tax Deduction

Posted in Alimony

We blogged recently about the 2017 Tax Cuts and Jobs Act which, in part, eliminates the tax consequences of alimony. To briefly recap, alimony is tax-deductible to the payor and taxable as income to the recipient under the current tax laws. The Tax Cuts and Jobs Act, however, revises the tax code to completely eliminate a payor’s ability to deduct alimony payments and a recipient’s obligation to report them as income. To put the scope of these changes into perspective, the IRS reports that over 600,000 taxpayers claimed alimony deductions on their tax returns in 2015. The elimination of the taxability of alimony is scheduled to take effect beginning January 1, 2019, causing a bit of a panic amongst attorneys and litigants attempting to account for these substantial changes to the tax code. Enter the American Academy of Matrimonial Attorneys. Continue Reading

Making the Most of the Alternate Dispute Resolution Process During a Divorce

Posted in Divorce

More and more divorcing couples are electing to engage in mediation outside of the courthouse in an effort to amicably resolve issues of property division and alimony. This option is often appealing because it can be a faster, more cost effective path to resolving a case. In addition, an amicable resolution can benefit the entire family by avoiding the stress associated with contested litigation. In order to make the most of mediation, the following tips can be helpful: Continue Reading