The Connection Bridgewater-Somerville Edition June/July/August
JUNE/JULY/AUGUST 2018 THE BRIDGEWATER-SOMERVILLE CONNECTION PAGE 37 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. Unlike most states, New Jersey family courts have the authority to require divorced and separated parents to con- tribute to their children’s college expenses. When negotiating custody and marital set- tlement agreements, parents should con- sider whether, and at what point, they will address college expenses and how those costs will affect child support. Children who go away to college still need clothing, sun- dries, and a roof over their heads when they come home from school. For couples with very young children, agreements often do not spell out these obligations, because each party’s financial circumstances are likely to change by the time children are applying to college. Still, those agreements can indicate that the parties recognize that their children may attend college and that they will address the issue when each child is in his or her junior or senior year of high school. Those parents might include provi- sions in their agreements to set aside assets for college or to require that they con- tribute to college savings over time. For older children, particularly teenagers, par- ents should be prepared to discuss and lay out the details for handling their children’s higher education as part of their divorce agreements. Parties must decide which college costs they will pay, i.e., tuition, room and board, books, transportation, dorm room set-up, laptops, spending money. Should the parental contributions be limited or capped? Will the child be expected to take loans, apply for financial aid or otherwise con- tribute? How will paying for college affect child support? Child support pursuant to the New Jersey Child Support Guidelines usually ends when a child reaches age 18 and graduates from high school. We all know that this does not mean that children are self-suffi- cient or that parents no longer have any responsibility to support their children; rather, it means that the guidelines no longer apply, thereby requiring a case-by- case analysis of the child’s needs, the antic- ipated college costs, and the ability of par- ents to provide shelter, and help cover transportation and personal expenses that do not specifically fall under the definition of college expenses. In this way, parents address the continuing need for child sup- port taking into consideration their antici- pated contributions to college costs, not only for children who live away at school, but also for children who live at home and commute to classes. Although college costs are substantially lower when a child lives at home, the at-home costs for food and shel- ter remain significant and there are still col- lege expenses to pay for tuition, books, computer/electronics, school fees, parking permits and transportation. Thus, college expenses and child support are related and should be determined in relation to each other. When judges decide parents’ responsibility for college, they must consider at least twelve factors concerning a family’s circum- stances to establish whether, and to what extent, each parent will contribute. Some of these factors are: • Financial capability of each parent • The cost of the proposed college education • Financial aid available to the child via scholarships, grants, loans and work study • Whether the child has the ability and the commitment to attend college • The child’s relationship with the parents • The child’s financial assets Whether parties are litigating the issue or settling it through mediation or collabora- tive family law, they will be considering the same factors that the court would consider, examining their options and exchanging proposals for handling the financial realities of sending children to college. DIVORCE - PAYING FOR COLLEGE By: Amy Wechsler, Esq. www.theconnectionsnj.com
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