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March 2014 Archives

Understanding A Party's True Income For Support

Whether it be part of divorce proceedings or in determining child support between unmarried parents, the amount of alimony or child support payments depends, in large part, on the parties' respective incomes. When both parties receive straight W2 wages, the determination is quite simple, as the parties' end of year W2 and/or periodic paystubs provide sufficient information to glean one's true earnings, taking into account deductions for insurance or retirement accounts, etc. While the calculus becomes slightly more problematic when an individual receives yearly bonuses and/or commissions, so long as these payments are parsed out and individually analyzed, likely via three or five year averages, they do not present much trouble, especially because these earnings will be clearly set forth in the individual's income documentation. However, when an individual either owns their own business or receives additional benefits in the form of reimbursements or expense accounts, it becomes paramount that the individual's income is "normalized" in order to ensure that their true earnings are captured in setting support awards.

Family Law and Divorce Case Law Review--March 24-28, 2014

Every week, we will provide a brief overview of the published family law and divorce cases in New Jersey from the prior week, along with some of the more relevant unpublished decisions, which are reviewed by our divorce attorneys to ensure the best possible representation of our clients. This past week, the following family law cases were published: