The Connection Warren-Watchung Edition Sept/Oct/Nov 2018

PAGE 42 THE WARREN-WATCHUNG CONNECTION SEPT/OCT/NOV 2018 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. There are two basic types of support in divorce cases in New Jersey – child sup- port and alimony. In contrast to child support, which is usually calculated based on standardized guidelines, there is no formula for the amount of alimo- ny or the length of time it will be paid. Instead, alimony is based on several fac- tors, including the duration of the mar- riage, each party’s actual income, each party’s ability to earn (especially if either or both parties are underemployed or not employed at all), the health of the parties, one party’s need for support and the other party’s ability to pay it, and the marital standard of living. For couples who live together but have never married, no alimony is available. New Jersey law provides five types of alimony: Rehabilitative: This form of alimony provides support for a limited period of time and for a specified purpose to assist a former spouse while going to school, getting training, or becoming employed at an entry level after an extended absence from the workforce. Reimbursement: In some instances, reimbursement alimony may be granted when one spouse supported the other to go to school and earn a professional degree. Limited durational: This is paid for a defined, limited period of time. For mar- riages lasting fewer than twenty years, the maximum period for alimony is the length of the marriage. In practice, however, the term of alimony is usually significantly shorter than the marriage. Open durational: For marriages last- ing twenty years or more, the law pro- vides for open durational alimony, in which there is no cut-off date. Pendente Lite: Support paid during the divorce process is called pendente lite support. Once a divorce case is filed, parties either agree on how they will pay their bills until the divorce is final, or the court will decide this for them. These types of alimony are not mutual- ly exclusive. It is possible that someone going back to school to train for employment could receive both open durational alimony and rehabilitative alimony. This would provide long-term stable support at one level, but, for the first couple of years following the divorce, there could be an additional support award to help cover expenses while that person attends school and is not working. Although alimony is based on an agree- ment or a court order, it may be modi- fied or terminated after divorce based on substantial and non-temporary changes in circumstances. Certain events may result in reduction or termination of alimony, such as a job loss, retirement or, in some instances, cohabitation. Until this year, federal law gave favor- able income tax treatment of alimony for families. The person paying alimony could deduct it from his or her higher taxable income and the person receiv- ing alimony paid income taxes at a lower rate. This generally resulted in the family keeping more money and the federal government receiving less in taxes. The new federal tax law changed this. For alimony established by signed agreements or court orders after December 31, 2018, former spouses paying alimony will not be able to deduct it and former spouses receiving it will not claim it as taxable income. Couples who know they are divorcing and want to benefit from the current tax benefits should consider filing and completing the process before the end of 2018. DIVORCE AND ALIMONY By: Amy Wechsler, Esq. www.theconnectionsnj.com