The Connection Bernards-Ridge Edition Dec 2018/Jan 2019

DEC 2018/JAN 2019 THE BERNARDS-RIDGE CONNECTION PAGE 63 Divorce Lawyers Dedicated Solely to New Jersey Family Law A firm devoted solely to practicing family law, Shimalla,Wechsler, Lepp & D’Onofrio, LLP, provides exceptional services through both litigation and alternative dispute resolution.We will defend your rights and best interests at every stage of the process, and seek solutions through an intelligent and practical approach to divorce. Dependable Legal Guidance Tailored to Your Needs and Focused on Results Our lawyers provide practical guidance, advice, and recommendations to help our clients establish realistic objectives and understand the various legal options at their disposal. Our attorneys focus on: • Dissolutions of marriage, civil unions, and domestic partnerships • Child custody, parenting time, and child support • Alimony, palimony, and spousal support • Equitable distribution of assets and liabilities • Domestic violence Litigation and Alternative Dispute Resolution Our attorneys understand that divorce affects every family differently.We will take the time to understand your unique circumstances and devise legal solutions tailored to suit the needs of your family. In all cases, our lawyers will explain the avenues of mediation, arbitration, and collaborative law as non-adversarial alternatives to taking a case to court.When litigation in the courts is the appropriate option, we use our substantial experience and skills to take proactive and decisive action on your behalf. Our firm takes pride in providing results-driven legal services on your behalf and we remain dedicated to your best interests throughout the process. All four of our partners are trained in mediation and collaborative family law. In addition, our firm received a First Tier ranking in New Jersey Family Law Mediation by U.S. News – Best Lawyers ® for the Sixth Edition of Best Law Firms*, and three of our partners are certified by the Supreme Court of New Jersey as Certified Matrimonial Law Attorneys. We are committed to providing superior legal representation that yields favorable results in an efficient and timely manner, while helping to reduce the emotional and financial toll on the family, and focusing on your specific goals to help you build a brighter future. High-Quality Family Law Solutions Backed by 110 Years of Experience Michele E. D’Onofrio Amy Zylman Shimalla AmyWechsler Heidi Ann Lepp Shimalla,Wechsler, Lepp & D’Onofrio, LLP 101 Town Center, Suite 117,Warren, NJ 07059 (908) 922-4238 info@swldfamilylaw.com • www.swldfamilylaw.com Serving clients in most NJ counties including Somerset, Hunterdon, Middlesex, Union & Morris counties. *Best Lawyers® inclusion is based entirely on peer-review. Information on the selection process can be found at http://bestlawfirms.usnews.com/methodology.aspx. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. In any divorce and family law proceed- ing involving dependent children, one of the most important concerns is cus- tody and parenting time. When a child has special needs, the determination of an appropriate custody and parenting time plan requires special planning and considerations to allocate time, assign parental responsibilities and decision- making, and understand expenses. This may be the case even when the special needs child is 18 years of age or older. Depending on the child’s level of physical and psychological functioning, traditional custody plans may not meet the family’s needs. Not only are parent- child relationships affected by divorce and separation – sibling relationships should also be considered in order to balance the needs of all the children. Custody and parenting plans should address the additional costs that may be associated with raising a special needs child. On-going expenses may be included in basic child support, while variable expenses may be allocat- ed between the parents and payable as they are incurred. Examples of addi- tional potential costs to be considered include necessary physical, occupation- al or other therapies, medical equip- ment, medication, nutritional supple- ments, dietary restrictions, tutoring, and more intensive or specialized supervision than would otherwise be needed. For some families, one parent may be primarily responsible for the special needs child, thereby affecting his or her ability to work full-time or pursue a career. When that is the case, and these responsibilities significantly limit a parent’s ability to earn income, this is a factor that will be considered in determining alimony. If you have a child with special needs, your divorce or separation agreement will cover many areas of your child’s life now and in planning for the future. This often warrants a cooperative, multi-disciplinary approach to the divorce process. Your child’s education, the potential need for a guardianship, eligibility for special services as well as government benefits, and criteria for emancipation are just some of the fac- tors that you will consider. Bringing other professionals into the divorce process can help provide com- prehensive integrated planning not only for the child, but for the entire family. Education lawyers or special education experts can be brought in as consultants. When parents are figuring out where they will live, and the school district where the children will go to school, they will want to investigate and consider the adequacy of services provided in the towns they are consid- ering. Depending on the child’s level and type of disability, it may also be advisable to consult with a trusts and estates attorney about establishing a special needs trust. Special needs trusts must be drafted carefully to meet cer- tain requirements that will not affect the child’s eligibility for important gov- ernmental benefits. A multi-disciplinary approach is avail- able to parents going through divorce, whether in litigation, mediation or the collaborative family law process. To the extent parents can work together, and bring in the appropriate experts, the divorce process can be coordinated to help insure comprehensive planning for both the special needs child and the entire family. DIVORCE – PAYING ATTENTION TO SPECIAL NEEDS OF CHILDREN By: Amy Wechsler, Esq. www.theconnectionsnj.com