What Is Considered “Income” When Calculating Child Support?

In New Jersey, child support is calculated using the New Jersey Child Support Guidelines (“Guidelines”).  The Guidelines consider the gross income available to parents to calculate the amount of child support to be paid. 

According to the Guidelines, ”gross income” includes, but is not limited to, the following:   

1. salary, wages, tips, and commissions
2. business profit
3. real estate gains
4. interest and dividends
5. rent received
6. bonuses and royalties
7. alimony and support actually received
8. annuities
9. life insurance
10. distributions from retirement plans
11. personal injury awards or awards from other civil lawsuits
12. interest in a decedent’s estate or trust
13. disability payments
14. profit sharing plans
15. worker’s compensation awards
16. unemployment compensation benefits
17. overtime, part-time, and severance pay
18. net gambling winnings
19. net capital gains or earnings from investments
20. income tax credits or rebates
21. unreported cash payments
22. value of in-kind benefits
23. imputed income

Although there is a misperception that income for child support is based solely on salary and wages, it is clear that “income” can come from many sources.  Ultimately, the state’s goal is to protect children and ensure that children receive support.

Family Day at Festival of Trees

Albino Ullmann Laemers & Pompelio, LLC, sponsored Family Day at the annual Festival of Trees organized by the Junior Woman’s Club of Sparta.  This year’s proceeds benefit the Citizens United for Research in Epilepsy. 

The ballroom of the Lake Mohawk Country Club was a winter wonderland of decorated Christmas trees, each with its own theme.  The trees and other holiday decorations were auctioned off during the Holiday Gala.  Live entertainment included concerts and dance performances.  There was also a bake sale and tricky tray raffle with prizes.

Festival of Trees Sponsored by Albino Ullmann Laemers & Pompelio

The Junior Woman’s Club of Sparta’s 12th Annual Festival of Trees begins on Friday, December 4 at the Lake Mohawk Country Club in Sparta, New Jersey.  This year, the fundraising event will benefit Citizens United for Research in Epilepsy (C.U.R.E.), an organization dedicated to finding a cure for epilepsy.

The ballroom of the Country Club will be a winter wonderland of decorated Christmas trees, each with its own theme.  The trees and other holiday decorations will be auctioned off during the Holiday Gala with the final bidding at 10 p.m.  Also, there will be a bake sale, tricky tray raffles with prizes, and live entertainment.

The Festival of Trees is open to the public and admission is free.  Enjoy a Sneak Peek of the trees on Friday, December 4 from 3 to 5 p.m.  Saturday, December 5 from 10:30 a.m. to 4:30 p.m. is Family Day and is sponsored by Albino Ullmann Laemers & Pompelio, LLC.  The festivities conclude Saturday evening at 7:30 with the Holiday Gala.  Admission to the gala is $35 and includes hor d’ourves, entertainment, and a cash bar.  Tickets can be purchased at Cafe Pierrot, Carey Lane Accents in Lafayette Village, Nutty over Sweets in the Lake Mohawk Plaza, and Sparta Books. 

Financial Decisions During A Divorce

The New York Times recently posted a helpful articles on the financial decisions that must be made as you go through a divorce.  There are many areas to consider, including health insurance, mental health, credit, hired help, keeping house, taxes, spousal education, teenagers, and future legal costs.  Click here to read the article.

Ann M. Pompelio, Esq., Joining The Firm

Ann M. Pompelio, Esq., is joining the firm as a partner.  For over twelve years, Ann has been practicing family law and representing clients in all matters involving divorce, custody, child support, parenting time, alimony, equitable distribution, modification and enforcement of divorce agreements, prenuptial agreements, name change, marital tort, domestic violence, and juvenile matters.  Ann also serves as a mediator for family law disputes.  Ann also brings experience as a former municipal prosecutor and currently represents individuals in municipal court matters, including criminal, traffic, and drunk driving cases.  Ann graduated from Seton Hall School of Law in 1997.  She is admitted to practice in the state and Federal courts of New Jersey, as well as the Supreme Court of the United States.  She is a member of the New Jersey State Bar Association and the Sussex County Bar Association.

Beginning November 2, the firm will be known as Albino Ullmann Laemers & Pompelio. 

Join Us At Byram Day

Attorneys from Albino Ullmann & Laemers, LLC, will be on hand at the Byram Day festivities at C. O. Johnson Park on Roseville Road in Byram, New Jersey.  Byram Day kicks off with a 5K race at 8:30 a.m. on Saturday, September 26, 2009.  Vendors tables open at noon.  You can visit our table, meet us, and get to know a little bit more about our practice.  The day’s festivities end with a concert at 5:00 p.m.  Hope to see you there!

New Jersey Judge Orders Joint Custody of Dog

A Gloucester County couple, Eric Dare and Doreen Houseman terminated their engagement in 2006, but engaged in a long dispute over who gets custody of their dog, Dexter.  Houseman initially had custody of Dexter, then the parties attempted to share custody of Dexter.  In March 2007, Dare decided to terminate the agreement to share Dexter, and Dexter has remained in Dare’s possession since that time.  The trial court treated Dexter as an asset that could be divided.  The trial court ruled that Dexter was Dare’s property because Dare had paid for the dog.  The trial court also ruled that Dare could compensate Houseman by paying her $1,500.

However, Houseman appealed, arguing that a dog is not a possession or, effectively, an asset that can be divided.  In March 2009, the Appellate Division ruled that pets have special subjective value which cannot be compensated by money alone.  The Appellate Division stated that courts must take the animal’s interests into consideration, including who was the animal’s primary caretaker.  The case was remanded to the Superior Court. 

In July 2009, Hon. Tomasello of the Gloucester County Superior Court ruled that Dexter is joint property, but a suitable custody arrangement must be reached.  Dare and Houseman returned to court on September 22, 2009, where Judge Tomasello granted the parties joint custody such that Dare and Houseman will take turns caring for Dexter, starting at 6:00 p.m. every fifth Friday, until Dexter “goes to the Great Kennel in the Sky.”  

NJ Domestic Violence Handbook To Be Published In Spanish

The Rachel Coalition of Florham Park, New Jersey has published “Surviving Domestic Violence:  Your Legal Rights” in Spanish.  Originally published five years ago in English, the handbook will translate information regarding domestic violence victims’ rights into Spanish.  The handbook is being released on September 23 and was funded by the IOLTA Fund of the Bar of New Jersey.

Albino Ullmann & Laemers, LLC, On The Town

You may have seen us at Sparta Day or on the opening night of the New Jersey State Fair in Augusta.  Come on down to Byram on Saturday, September 26, 2009, and join us at C. O. Johnson Park for Byram Day.  Attorneys from our office will be at a table in the midst of the Byram Day festivities so you can meet us and get to know a little bit more about what we do.  Hope to see you there!

Is mediation right for my case?

Whether you choose divorce mediation, as an alternative to litigation, is a decision you should make based on the facts of your case.  If there is an active Final Restraining Order between the parties, than mediation cannot take place.  Also, if you feel that you have no bargaining power in the negotiation process, or you feel that you do not have the ability to voice your opinions and positions in the negotiation process, then mediation might not be the best process for you.  However, simply because your spouse may have handled the family finances during the marriage should not exclude you from the mediation process.  A good mediator works with the clients to ensure that all assets, debts, and income sources are disclosed in the mediation process.  The issues necessary for settlement are negotiated step by step so that each party has a full understanding of the income, assets, and debts of the marriage, and how each should be allocated between the parties in an equitable manner.  When custody and parenting time are at issue, the mediator helps to guide the parties toward a fair custody and parenting time plan that serves the children’s best interest.  Just like divorce litigation, when financial or custody experts are needed to aid in the negotiation and settlement process, these experts will be engaged in the mediation process.  Mediation is generally far less costly then divorce litigation and takes less time.  The goal of mediation is to aid the parties in resolving their divorce or family law related conflicts in a more amicable fashion and to insulate the parties and the children from the harsh consequences of the adversarial process.  Attorneys may and should be consulted in the mediation process.