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Paper work needed to prepare for your divorce consultation.

How to Prepare for your Consultation

Written by Joseph E. Cordell on . Posted in Divorce.

In addition to gathering helpful documents, as discussed in our previous article, there are other steps you can take to help best prepare yourself for your consult:

1. Write down your questions and concerns. Do it before your initial consultation while you have a clear mind. Make notes in your phone as questions come up in the days prior to your consult. This will ensure that you do not leave your consultation with any issue unaddressed.

2. Do not write a narrative for your attorney. Your legal consultation is initially set for one hour. In some circumstances, we can meet longer, but you should not assume this will be possible. Making the most of your hour is the most important. If you wish for your attorney to review a long document read during this hour, that will significantly reduce the amount of time left for a productive and engaging dialogue with your attorney about your situation and what to do about it. Of course, if writing a narrative helps you to organize your thoughts, we encourage you to prepare this for your own use.

3. Complete your intake in advance. The client contact representative should provide you with a link to complete your intake questionnaire when you book your appointment. Completing this in advance ensures that you do not use any time in your hour to answer simple questions, and it also allows your attorney to have a foundation of information to build upon in your hour together.

4. Block off time for your consult. Discussing your family situation may be emotional. It may be obvious to block off time on your calendar for the initial consultation itself, but you may also want to consider taking time before and after the consultation to prepare for and recover from the emotional conversation you are likely to have.

5. Arrive early. Family law attorneys may have a few consults in a row, starting on the hour. If you do not arrive on time, you risk losing some of your hour. Plan to arrive early so that any hiccups with technology (payment, accessing your intake, your GPS) or with finding the office will not rob of you precious time in your consultation.

6. Ensure you have payment. The cost of your legal consultation will be shared with you when you schedule. Avoid any awkwardness by ensuring you have the correct amount to pay for your consultation. Our offices accept cash, check, and credit or debit card. You may also have someone call in with their credit or debit card to pay on your behalf.

Finding out what to gather for your divorce consult.

Documents You Will Need for Your Consultation

Written by Joseph E. Cordell on . Posted in Divorce.

Something has happened in your life that has required the need for a family law attorney. You’ve done your research into family law firms, and you’re ready to make the call and schedule an attorney consultation. You likely feel anxious and uncertain as to what you may expect. While we may not be able to alleviate the anxiety that a family conflict can create, understanding what to expect and how to best prepare for an initial consultation can, hopefully, make the process a little less tense.

How to schedule your consult. You can call 1-888-323-7529 or use the chat function on this site to schedule a day, time and family law attorney of your preference. You will receive confirmation emails and texts, should you opt in for those reminders. You will also be provided with a link to complete an intake form which will ask you to outline your personal details (name, age, etc.) as well as your partner.

What to do before your consultation. There are a number of steps you can take which will make your initial consultation more productive. First, you should gather relevant documents which will be helpful to your divorce attorney in advising you. Specifically, gather the following:

1. Relevant court documents. This includes any pleadings you may have received, any prior orders in effect, or notices.

2. Agreements. Any agreements which you have signed or received from the other party, such as a prenuptial agreement, a separation agreement, a marital settlement agreement, etc. If you have received a proposed agreement from the other side, this would also be essential to provide to your consulting attorney.

3. Correspondence received. Any letters, emails, or other correspondence received from an attorney representing the other side or from the court.

4. Documents you feel are important to your case. This includes text messages from the other side, therapy records, school notes, police reports, etc. Anything you feel will be important to your case or that will help provide some insight into your family conflict.

5. Your budget spreadsheet. If you regularly keep a budget spreadsheet for your household, it may be helpful to your attorney to provide this, if support or property division is at issue. If you do not regularly keep such an accounting, do not feel the need to create one. Your attorney will assist you in preparing one later in your case.

6. Profit and loss statements. If you own your own business, providing your attorney with recent profit and loss statements may help your attorney understand the financial situation of your business, assuming property division or support will be discussed.

When you have gathered the above information, bring copies with you to your consultation, if in person. If you have scheduled a remote consultation by phone or by zoom, email these documents to the scheduling representative well in advance of your consultation time. They will ensure this is passed along to the consulting attorney.

Talking about what to expect for your divorce consult.

What To Expect at Your Consult

Written by Joseph E. Cordell on . Posted in Divorce.

If your consult is in person

  • Upon entry to the office, you will be greeted by a member of our staff.
  • When the time for your consult arrives, you will be placed in conference room to await your attorney.
  • Your attorney will soon join you to begin your consultation.

If your consultation is virtual by phone or zoom

  • You will be contacted by the receptionist by phone at least 15 minutes prior to your consultation time. They will accept your payment over the phone and end the call.
  • The attorney will initiate the call or zoom meeting when it is time for your consultation.
  • Whether you decide to have your initial consultation in person or virtually, most consultations proceed in a similar fashion. You will be asked to give a summary of what is happening in yourlife. Your family law attorney will ask questions and review the documents you have brought, and they will also give you a brief explanation of the family law in your state based on the facts you have shared. Any questions you have will be answered. The attorney should share what their next steps would be, should you choose to retain them. The attorney should also suggest a strategy for you moving forward. They will end your consultation by discussing the fee structure of the firm and going over the fee agreement. If you are consulting in person, at the conclusion of the consult the receptionist will take payment.There are additional things to keep in mind in order to make your initial consultation as effective as possible:1. Make sure not to take up the whole hour giving your life story. If you do, you will find your family law attorney has given you less advice than you feel you need because you did not leave them enough time to advise you. Give a summary of your current situation, as well as any history you feel is important for context, and explain what conflict or concerns lead you to make your appointment. Your attorney will ask for more detail as they require it.2. Do not bring more documents than those outlined in our article, What to Prepare for Your Consult. Similar to sharing too much information by providing your attorney your life story, giving your attorney too many documents make it difficult for them to spend time reviewing the items which will be most helpful to them. Focus on the documents noted above, and if more documents are needed, your attorney will request that you gather them.

    3. Bring your questions. Be sure you bring the questions you have written down in preparing for your legal consultation. We want to be sure that you leave with all of your questions addressed.

    4. Take notes. This is a new situation for you, No one expects you to commit to memory all of the advice that your attorney gives you in your consult. Take notes so that you have that information to refer back to when you leave our office.

    5. Be prepared to discuss your budget in moving forward with legal services. Understanding what your budget is for your case is crucial. It helps your divorce lawyer best advise you on what steps or actions would be most effective in pursuing your goals and that remain within your means.

    6. Do not delay retaining legal representation. After your consultation, you may want to take some time to consider how you wish to move forward. We encourage you to be mindful about your next steps but remember that taking too much time to ponder whether you wish to retain a divorce lawyer may negatively impact your case. It may give the other party time to initiate legal proceedings against you, or it may establish a status quo that your attorney has warned would not be helpful for your case. Take your attorney’s advice and consider how you wish to proceed – but the sooner you decide, the better.

Divorce enforcement options in Minnesota.

Minnesota Child Support Arrears: Enforcement & Penalties

Written by Joseph E. Cordell on . Posted in Support Arrears.

When you fall behind in child or spousal support, the court can implement several types of punishment, including suspending your license. If your ex-wife files a Motion for Contempt of Court, depending on the circumstances, you could also see jail time, making it even more challenging to pay current support and catch up on arrears. An experienced family law attorney at Cordell & Cordell can guide you through the process and explain how to get child support arrears and spousal support arrears dismissed in Minnesota. 

What Are the Punishments for Support Arrears in Minnesota? 

When you violate a child support order by non-payment, child support enforcement can take several actions against you. If you, as a non-custodial parent, have difficulty paying the total amount of child support as ordered in your child support case, you should contact an attorney immediately—as the consequences of not paying are high. 

The court and child support services can take several actions, including: 

  • File a claim against future federal income tax refunds 
  • Report the arrears on your credit reports 
  • Prosecute you in a federal criminal court 
  • Notify financial institutions (financial institution data match) 
  • Withhold income from your paychecks 
  • Deny your passport application 
  • Intercept state tax refunds 
  • Put holds on student grants 
  • Order jail time and or fines 
  • Hold you in contempt of court 

Can You Go to Jail for Support Arrears in Minnesota? 

If your ex-spouse files a Motion for Contempt of Court in an attempt to collect past-due child support payments and spousal support arrearages, a court order could include jail time until you pay the arrearages. If you are in jail, you are not working and earning a salary, which means that you not only unable to catch up on arrearages—but you won’t be able to pay current support, which increases the amount owed in arrearages. 

A Motion for Contempt can result in a judgment against you along with jail time, which means you may also see wage garnishment, levying of your bank accounts, seizure of personal property, and retirement benefits appropriated via a Qualified Domestic Relations Order (QDRO) to satisfy your child support obligation. 

How to Get Support Arrears Dismissed in a Minnesota Court 

If you fall behind in spousal support, this can trigger the same penalties incurred for not paying court-ordered child support. Because your original support order is in the child’s best interests, the courts are reluctant to dismiss support arrears or order a downward modification. 

Depending on your circumstances, you can get some or all spousal support arrears dismissed in a Minnesota family court. However, the bar for dismissal, as well as modification of spousal support payments, is high. 

The court will consider modifying spousal support if: 

  • You can prove that there has been a significant change in your financial circumstances, such as a job loss through no fault of your own and pressured to take a job for less pay. 
  • You can prove that there was a significant change in your ex-spouse’s circumstances, such as finishing school and obtaining a job or accepting a much higher-paying job. 
  • Your needs have significantly changed, including changes in custody. 
  • You can prove that your ex-spouse’s need was not as presented for the original support order. If a spouse lied on her financial affidavit, it not only affects spousal support but can also affect child support. 
  • Your ex-spouse is cohabitating with a romantic partner. Minnesota automatically stops spousal support payments if the obligee remarries, but if the obligor can prove she is cohabitating, you can ask the court to terminate spousal support. 

If you have income withholding for spousal support and child support, you will still see a reduction in the deduction for that portion of the spousal support. 

Why Work with Cordell & Cordell 

Modifying Minnesota child support is challenging, especially if you have unpaid child support. Cordell & Cordell has experienced family law attorneys in several states, including Minnesota, who can assist you with child support and spousal support issues. 

Client Experience 

“Communication was really, really, really, good. I appreciated how I was kept informed throughout. They were always checking in on me to see if I had any questions or needed anything. Everything was great.” — Benjamin C. 

Struggling with Your Spousal or Child Support? Contact Us. 

Child support and spousal support arrearages can accumulate quickly. They can also cause you to lose certain rights and privileges. Cordell & Cordell is a family law firm that guides individuals through various family law issues, including divorce, child support, child custody issues, division of marital assets, and paying child support after a minor child enters college. Contact our team today at 866-323-7529 or fill out our online contact form to schedule an initial consultation. 

Disclaimer: This page serves as a resource and is not considered legal advice. 

Child support information Indiana.

Indiana Child Support: The Effect of Childcare Costs and Health Insurance

Written by Joseph E. Cordell on . Posted in Child Custody.

In most states, including Indiana, health insurance can be a significant portion of child support. It, as well as child care, is added to the base child support calculated for the minor children. Thus, if your child support obligation is $50 per week and one parent pays $25 per week for health insurance coverage, the split for the health insurance premiums is added to the basic child support obligation. As to a common question, “How is health insurance calculated in child support,” you must determine the base child support, then add the health insurance premium. Although one party might pay the premiums, child support is offset based on the percentage each parent pays. 

How Do Health Insurance Costs Affect Child Support in Indiana? 

When medical insurance is available at a reasonable cost, the court orders one or both parents to provide coverage. Health insurance can be public or employer-provided. The court presumes that the parents have health insurance available at a reasonable cost, which is less than five percent of the parents’ combined gross incomes. 

If health insurance is not accessible at a reasonable cost, either through the parents’ employers or via public insurance such as Medicaid, the court orders “cash medical support”—which is an amount ordered for medical costs not covered by health insurance. The uninsured medical expense section of the child support guidelines satisfies the federal requirement for cash medical support. 

Uninsured medical costs include insurance deductibles, prescriptions that might not be covered and other medical expenses not covered by insurance. The parent who pays the full cost of the expense or premium has 30 days to submit a copy of the invoice for medical costs to the other parent for the other parent’s contribution. 

What if My Child Doesn’t Have Health Insurance? 

Federal law requires every child support order to include medical support, including private health insurance from an employer or the marketplace, public health coverage through Medicaid or the Children’s Health Insurance Program or payment toward health care costs. 

Federal law mandates some form of healthcare coverage in child support guidelines, including cash payment support if your child does not have health insurance coverage. Uncovered healthcare expenses are significantly higher if neither parent can provide insurance coverage through their employer or through the marketplace. 

How Have Indiana Child Support Laws Changed? 

Prior to 2024, the child support recipient was required to pay six percent of uninsured healthcare costs annually before allocating medical expenses proportioned by income. This rule has been eliminated. 

The new rule states that uninsured healthcare expenses are added to the direct support obligation, which is similar to how health insurance premiums are handled under the child support guidelines. Instead of one parent paying the first six percent of healthcare costs, all uninsured costs are shared by both parents. 

In an additional change, now child support guidelines include adjustments for the number of overnights spent with each parent. This makes it fair for parents who have equal time-sharing as opposed to every other weekend or several nights per week. 

Determining child support and each party’s contributions to childcare and healthcare can often be complex and depends on several factors. Consulting with a family law attorney familiar with Indiana’s child support laws can assist you in specifying the correct amount of child support. 

Why Work with Cordell & Cordell? 

Whether you are a non-custodial parent or have joint physical custody with nearly equal or equal time-sharing—childcare expenses, including out-of-pocket medical expenses, must be paid. Cordell & Cordell’s experience in child support and child custody can help you determine a fair dollar amount to be added into child support calculations for healthcare coverage and reimbursement for uninsured expenses. 

Client Experience 

“[My lawyer] did well. She was quick, efficient and she got me what I wanted so I was very satisfied.” — Michael J. 

“My attorney was very attentive and I feel he really cared about the case and not just about the money.” — Isaac H.

Wondering About Your Child Support Case? Contact Us. 

Healthcare expenses, a health insurance plan along with childcare are all part of caring for your children and are added to the base child support amount. Cordell & Cordell is a family law firm that guides men through the various family law issues, including divorce, child support, child custody issues, division of marital assets, and paying child support after a minor child enters college. Contact our team today at 866-DADS-LAW (866-323-7529) or fill out our online contact form to schedule an initial consultation. 

Disclaimer: This page serves as a resource and is not to be taken as legal advice. 

Child custody FAQ Indiana.

Indiana Child Custody Laws: FAQs, Guidelines & Legal Advice

Written by Joseph E. Cordell on . Posted in Child Custody.

Your primary concern as a parent is your child’s well-being and stability. One of the most important things you can do for your child is be there for them. 

However, that can get complicated when you get divorced. Luckily, Indiana believes strongly in the importance of parenting time for childhood development. 

Learn about the Indiana child custody process, what factors the court uses to determine custody arrangements, and how a skilled Indiana custody lawyer can help you fight for what’s best for your child. 

The Types of Child Custody in Indiana 

While the court prefers for parents to agree on how custody matters will work, if that cannot occur, the court will decide what happens based on the best interests of the child. In Indiana, there are two main forms of custody: legal custody and physical custody. 

Physical Custody vs. Legal Custody 

In Indiana, parents can share physical and legal custody. Alternatively, legal and physical custody could be awarded to just one parent if the court believes this is in the best interests of the child. 

Legal custody refers to a parent’s right to make key decisions about the child. That includes education, religious, medical, and other decisions about the child’s life. In many situations, the court will appoint both parents to share joint legal custody, meaning both parents can make decisions about these areas. In many situations, one parent cannot make unilateral decisions without the other parent consenting to that decision, such as where the child goes to school or the type of medical care received. The court prefers to issue joint legal custody. 

Alternatively, the court may appoint sole legal custody of the child to just one parent. In this situation, the parent with sole legal custody does not have to consult the other parent when making any decisions related to the child. 

The second decision relates to physical custody of the child, which refers to where the child will live most of the time. In Indiana, the courts typically use the term “parenting time” to delineate where the child will spend most of his or her time. This is the preferred term instead of child custody or child visitation. The objective of the court is that both parents spend time with their child, as long as that is in the best interest of the child. 

The court can award sole physical to one parent or allow for joint custody. In situations of shared physical custody, an agreement on when and how each parent will spend time with the child is included. 

Under the Indiana child custody laws (Ind. Code § 31-17-2-14 (2023).), the court can award parents physical custody and legal custody or may rule separately in each situation. 

How is Child Custody Determined in Indiana? 

Indiana courts use a variety of factors to determine custody arrangements while focusing on the child’s best interests. In the ideal situation, the parents reach an agreement through a parenting plan. If this does not occur, the judge will use factors such as the following to resolve any disputes. 

  • The child’s age and gender 
  • The child’s preferences, if the child is at least 14 years of age 
  • The wishes of the child’s parents 
  • The child’s relationship with each parent, as well as any siblings or other person who may play a significant role in their life 
  • The child’s current adjustment to their home, school, and community 
  • Any evidence that either parent has engaged in domestic violence 
  • The mental and physical health of the child and each parent 
  • Any evidence that someone other than the parents cared for the child 

Under Ind. Code § 31-17-2-8, 31-17-2-8.1 (2023), Indiana law does not favor one parent over the other. It specifically prohibits discrimination against any parent with disabilities when making custody decisions. 

What are Indiana Parenting Time Guidelines? 

It is critical to understand Indiana parenting time guidelines. These rules address how the non-custodial parent will spend time with their child. The guidelines follow a set of rules based on the developmental stages of the child. There are three key age groups: 

  • Infants and children up to 3 years of age 
  • Young children (elementary-aged children) 
  • Adolescents and teenagers 

The guidelines provide some flexibility to allow for parenting time to be adjusted to the specific needs of the family and their current circumstances. In general, they are meant to represent the minimum amount of time that a non-custodial parent will spend with their child. However, the parents’ agreement or a judge’s order can supersede these rules if it is in the best interests of the child. 

The guidelines recommend the creation of a parenting time schedule based on the child’s development stage. The schedule should consider factors such as: 

  • Overnight stays 
  • Mid-week visits 
  • Weekends 
  • Holiday schedules 
  • Summer vacations from school 
  • School breaks 

Many scenarios may apply in each of these areas based on the child’s adjustment to the divorce. A custody order can address visitation rights with others as well, including grandparent visitation matters. Note that a court order can create a specific custody agreement that fits the family’s needs beyond what these guidelines aim to establish. 

What is a Parenting Plan, and Do I Need One? 

Even if both parents agree on factors such as child custody and support, a parenting plan is beneficial. It works to detail exactly how parents will share the rights and responsibilities of raising their child. The parenting plan should include a time schedule as well as the legal custody arrangements. It should outline all co-parenting rules. 

What Are the Indiana Child Custody Laws for Unmarried Parents? 

At the time of a child’s birth, the parents have the option of signing a paternity affidavit at the hospital, which establishes the legal paternity of the child and places the father’s name on the child’s birth certificate. On this affidavit, which the man signs and agrees to, the mother is given sole custody of the child. The father is given the right to reasonable visitation. 

In situations where no paternity affidavit is signed, the parent that wishes to establish paternity will need to file a petition in the court for that action. The paternity case is filed in family law court to establish paternity. In these situations, the child support prosecutor within the county can assist in the establishment of paternity. Note that they will not assist with assigning parenting time or custody orders for either parent. 

Once custody is established, either parent can ask the court to grant child custody as well as parenting time. 

Why Work With Cordell & Cordell’s Indiana Child Custody Lawyers 

Any custody case is a serious legal matter with long-term ramifications. When it comes to decision-making, the child’s upbringing, and financial matters, working with a skilled, highly experienced Indiana family law attorney is critical. Cordell & Cordell brings over 30 years of experience to the process. The legal team supports men and fathers who need help navigating Indiana family law challenges to achieve ideal outcomes in their child’s situation. 

Testimonials 

“​This is not my first rodeo with my children. This was the first time I felt the firm and my lawyer were representing my children. It should be about representing the child and not the person paying the bill. It will be good to hear the truth from an actual person and not an ad.” — James M.

​”[My lawyer] was very attentive, and I feel he really cared about the case and not just about the money.” — Isaac H. 

Protect Your Time With Your Child 

These decisions are critical to your family’s future. Seek out an Indiana family law attorney who can provide you with comprehensive legal guidance and support. Call Cordell & Cordell now at 866-DADS-LAW (323-7529) or fill out our contact form now to learn more. 

Divorce differences in men over 45.

Divorce After 45 for Men: Challenges, Recovery, and Support

Written by Joseph E. Cordell on . Posted in Divorce.

Life after divorce for men over 45 can often be difficult. Everything you’ve built up for your later years has been divided between you and your ex-spouse. Now, you have less time to prepare for retirement, and you have fewer resources, especially if you have to pay child support and spousal support. 

The health of many men is also affected by divorce. However, you can take several steps during a separation or during the pendency of the divorce to protect your financial and physical well-being. Cordell & Cordell can guide you through the divorce process, including determining child support, spousal support, custody issues, co-parenting, and division of property. 

How is Divorce Different for Men Over 45? 

Studies show that men are more vulnerable to financial and health declines after a divorce later in life. They tend to have lower subjective well-being after a divorce than women. They are established in their careers, often have children, and are used to providing for their families. 

Divorce often comes as a surprise to men in circumstances where a woman may notice the decline of the marriage and work to resolve differences. When they cannot resolve the differences, they file for divorce – and the man is often surprised, which causes a decline in overall well-being. 

Regarding financial well-being, men who divorce later in life most likely have a home, cars, and a steady job. If the woman has children, it’s more often the man who moves out and starts over, which pauses the ability to save as much for retirement. 

What Are Some Common Problems Men Face During Divorce? 

The stress of divorcing often leads to issues men face during divorce, including: 

  • Depression: Often triggered by prolonged stress, depression can overtake a man while going through a divorce and immediately after the divorce, making it longer for him to recover, both mentally and financially. 
  • Irritability: A common sign of divorce is irritability. While some men may not feel they are depressed, they may show signs of depression by becoming irritable, especially if the divorce made them feel “weak.” 
  • Anxiety disorders: Fear of the unknown causes anxiety in men and women. However, for a man used to guiding a wife through life and providing for the family, not knowing how to move forward, especially after a first-time divorce, can lead to anxiety disorders. 
  • Decrease in self-esteem and respect: The emotional turmoil of divorce can also lead to poor self-esteem and respect if the man sees himself as a failure. Loneliness is a large contributing factor to the decrease in self-esteem and respect, as are intrusive thoughts, persistent worrying, and the inability to deal with the uncertainty that comes during the pendency of a divorce. 

Emotional stages a man might go through when going through a divorce could include: 

  • Denial 
  • Hurt 
  • Anger 
  • Not asking for help 
  • Coping or not coping 
  • Acceptance 

The coping stage sets the man up for success or failure. If he decides he cannot cope with the divorce, it takes longer to accept it, which prolongs recovering financially and mentally. 

What Resources Are There to Help Divorced Men Over 45? 

Life after divorce for men over 45 is different for every man. Every day can bring a new challenge or success. Some men may finally feel free post-divorce, while others may feel lost, depending on their circumstances during the marriage and their mental health. 

If a man is already established in his career and has goals for his later years, starting over may be a temporary downfall. However, with the help of emotional support groups or even a support network of family and friends, he can more easily start a new chapter in his life. 

Some ways men, including single dads, can cope and recover more easily include: 

  • Learning new patterns, such as learning to sleep alone and how to cook and clean for yourself. Some men may even find this liberating, while others may suppress emotions related to being “forced” into new patterns. Emotional support groups or even a friend with a sympathetic or knowing ear can help men through any negative emotions related to learning new patterns. 
  • Sorting priorities is also part of learning to exist post-divorce, especially for single fathers. While you probably shared priorities with your spouse during the marriage, you now have to determine which priorities are more important and should be done first. Again, the freedom of making your own choices is liberating for some but can be overwhelming for others. 
  • Getting back into the dating world can also be liberating or stressful, depending on several factors. You will date when you are ready to date. For some, it may be right away, and for others, it might take a year or more. 
  • Learning to move on means overcoming the grief of losing a loved one. You can suffer grief even if the divorce was your idea and you wanted it. The longer a marriage, the harder it might be for you to move on, especially if you got along for the most part during the marriage. Moving on after finding out your spouse did something wrong during the marriage may be easier for some. 

If you are having trouble with your new life, there are many counseling options available to help you face the responsibilities of starting a new life, new relationships, co-parenting, paying spousal and/or child support, and having to start rebuilding your assets. 

Why Work with Cordell & Cordell? 

Cordell & Cordell’s experienced family law attorneys guide men through the divorce process, whether the divorce is uncontested or contested, and whether the couple has few assets or many, including a business. 

Client Experience 

“Everything went smoothly. [My attorney] gave me all my options and was always there and available when needed.” — Dale W. 

Struggling with Your Divorce? Let Us Help. 

Men over 45 may struggle with the after-effects of a divorce, both financially and mentally. Cordell & Cordell is a national family law firm that guides men through various family law issues. Contact our team today at 866-DADS-LAW or fill out our online contact form to schedule an initial consultation about your family law issues, including divorce, child support, child custody issues, division of marital assets, and paying child support after a minor child enters college. 

Disclaimer: This page serves as a resource and is not to be taken as legal advice.

Paying for college child support New Jersey.

New Jersey Child Support & College Expenses Explained

Written by Joseph E. Cordell on . Posted in Child Support.

The court can take the educational needs of a child into account when a court order includes child support payments. Education expenses can quickly become expensive if the child attends a private school or goes to college. Knowing if you will need to continue support through college is important for a parent to consider. 

Contact an experienced New Jersey child support attorney at Cordell & Cordell to see how we can help your case. 

Can Child Support Continue Through College in New Jersey? 

With regard to New Jersey child support, a parent has the duty to support their child until the court considers the child emancipated. This includes the child turning 19 years of age if they are not attending school full-time, getting married, or entering the military. 

In New Jersey, a parent does have the duty to pay child support while the child of the marriage is enrolled on a full-time basis in college and potentially post-graduate education. 

However, if you are paying child support for a child in college, the child must be enrolled on a full-time basis, and the child has to be shown to be making a good-faith effort in school. For example, if the child is not maintaining, at a minimum, at least C and above grades, you could potentially argue that the child is not making a good faith effort and, therefore, you should not be obligated to continue to support them throughout college. Having an estranged relationship with the child may also bolster this argument. 

To ensure the child is enrolled in college, the parent paying child support has the option of filing a motion with the court requesting they be provided with grade reports and a class schedule to ensure the child is enrolled on a full-time basis and maintains an appropriate grade point average. 

If your New Jersey child support order requires the non-paying spouse to provide this information, then a written demand should be made. If you do not receive a response, then you can file a motion with the court. 

If your children are not enrolled in college on a full-time basis and they are finished with their schooling, you argue that they are emancipated and you no longer owe them a duty of child support. 

Related Article: Does Child Support Cover College Expenses? 

What Factors Does a Court Look at When Deciding Child Support and College Expenses? 

When a child qualifies to have college expenses covered by child support, the amount is dependent on several factors, including: 

  • Tuition 
  • Room and board 
  • Application fees 
  • College preparation courses 
  • Additional fees 
  • Transportation and parking 
  • Textbooks 
  • Healthcare expenses 
  • General living expenses (food, clothes, etc.) 

Child support payments are not based only on the child’s needs but the parents’ ability to pay. They are determined by your income and the number of children you have. Factors that determine whether college expenses will be covered include: 

  • Whether the parent would have contributed to the child’s college education if he or she was still living with the child. 
  • The amount the parents would have contributed to the child’s college education 
  • The ability of the parent to cover the cost of college 
  • The amount of support requested relative to the school and area of study 
  • The child’s commitment to his or her college education 
  • The availability of financial aid from grants and loans 
  • The relationship between the child and the paying parent 

What is the Child Support Formula For New Jersey? 

The child support formula in New Jersey is based on several factors, such as income, parenting time, and care costs. New Jersey has a child support calculator online that is free to use, though you will need some information ready in order for it to work. 

On the child support guidelines, New Jersey uses “PPR” (Parent of Primary Residence) for the custodial parent and “PAR” (Parent of Alternate Residence) for the non-custodial parent to determine child support obligations. 

To determine child support in New Jersey: 

  • Determine the net taxable income for both parents. Do not take the amount from a paystub, as child support guidelines include “allowable” deductions – some may or may not be on your paystub. 
  • Divide each parent’s net income by the combined net income of both parents. 
  • Input the base child support from the appendix on the child support guidelines into the worksheet. 
  • Compute the number of overnights with each parent. 
  • Divide the number of overnights for each parent by the combined number of overnights. If the number of overnights for the parent of alternative residence is less than 28 percent, complete the child support guidelines worksheet for sole custody; otherwise, continue. 
  • Compute the adjustment for other children, if applicable. 
  • Compute the self-support reserves and follow the instructions to determine the poverty level and which parent contributes financially to the other for the children’s support. 

Additional Resources 

  • New Jersey Child Custody Questions: Take a look at answers to some of the most common questions about child custody in New Jersey. These answers should help you better understand how it all works. 

Why Work With Cordell & Cordell 

Cordell & Cordell is a nationwide law firm with child support lawyers in New Jersey who have experience advocating for men in the family law system. We foster a communicative attorney-client relationship, and we take an aggressive approach to the legal system to protect your interests and that of your child. Take a look at what some of our previous clients had to say about our services. 

Client Experience 

​”First and foremost, [my lawyer] was an exceptional person to have worked with me on my case. He not only explained everything regarding strategies and how to proceed in great detail, he let me choose the path I took under his guidance, and I was 100% satisfied with the outcome. He was available to address any concerns at any time they arose. There were times of great concern and difficulty along the way, but he always explained and made sense out of them, which was a very valuable thing to me. Aside from my case, his personality was also outstanding, made me feel like a friend, and my comfort level was great. When I say that everyone from the beginning to the end, from my initial reception, all the paralegals that worked on my case(which was also exceptional), right through to [my lawyer] delivering the news I had that my case was finally over, was done extremely well by everyone. I would like to thank them all for their dedicated and very professional work.” — James T.

“Lauren made sure I was treated well. She listened to me and advised when I needed to keep my emotions in check. I would always refer her as she was very good.” — Kyle R. 

In Need of a New Jersey Child Support Lawyer? Call Cordell & Cordell. 

Cordell & Cordell’s New Jersey child support lawyers are licensed to practice throughout the state and are available for consultations should you seek additional information or possible legal representation. Please call 1-866-DADS-LAW to schedule an appointment. 

Disclaimer: This page serves as a resource and is not to be taken as legal advice. 

Family law resources New Jersey.

New Jersey Divorce & Family Law Guide: Custody, Support, Alimony

Written by Joseph E. Cordell on . Posted in Family Law.

Men and fathers going through a New Jersey divorce face an array of challenges that threaten to upend their lives. Cordell & Cordell’s New Jersey divorce lawyers focus on representing men during the divorce process and that gives them an understanding of how the state’s laws affect them and their families. 

Our New Jersey divorce and child custody articles provide insight necessary to know what your rights are and how to protect them. Learn more about the divorce process in New Jersey so you know what to expect. By preparing to work with an experienced divorce lawyer, you also increase your readiness heading into New Jersey family court. 

New Jersey Divorce Process 

The New Jersey divorce process involves nine specific steps. 

#1: File with the Court: 

  • Complaint for Divorce 
  • Certification Verification and Non-Collusion 
  • Confidential Litigant Information Sheet 
  • Certification of Insurance Coverage 
  • Certification of Self-Represented Litigant and Dispute Resolution Alternatives 

#2: Complete the Divorce Summons 

This is an official notice that a divorce complaint has been filed. It also contains where and how to respond as well as the deadline to respond. 

#3: Address 

List the current address of your spouse or partner if you are in a domestic partnership or civil union. 

#4: Pay Filing Fee 

The filing fee is $300. In some cases, you can request a fee waiver. There is also a $25 fee for the Parent Education Program (PEP) when minor children are involved. 

#5: Sign Documentation 

Go through each document and check that they are properly signed and dated as required. 

#6: Make Copies if Submitting via Mail or In Person 

Create three copies of all documentation, including one for yourself. 

#7: Redact Personal Identifiers 

All documents filed with the Court must have all personal identifiers redacted, such as social security numbers, except for the information contained on the Confidential Litigant Information Sheet. 

#8: Submit to System 

Upload all of the documents to the Judiciary Electronic Document Submission (JEDS) System. 

#9: Serve the Summons, Complaint, and Other Documents 

Wait until you receive the Complaint with a docket number from the Court. Then, personally serve the defendant with these documents along with the Summons by using the County Sherriff’s Department or a process server. The Confidential Litigant Information Sheet should not be served on the Defendant. 

Related Article: What to Know When Filing for Divorce 

New Jersey Residency Requirements 

Under N.J. Stat. § 2A:34-10, either spouse must be a resident of the state of New Jersey for a full year prior to filing. In cases of adultery, this waiting period does not apply. 

Related Article: What Is The Residency Requirement For Filing For Divorce? 

Grounds for Divorce in New Jersey 

In New Jersey, the no-fault grounds for divorce require that the parties have been living separate and apart for 18 consecutive months, or that the parties have experienced irreconcilable differences for a period of 6 months prior to filing the Complaint for Divorce and they must allege that there is no reasonable prospect of reconciliation. Under a no-fault divorce based on irreconcilable differences, the parties may be living together and file for divorce if they can show irreconcilable differences existed for 6 months or more prior to the filing. Note, the courts in NJ also refer to divorce as “dissolution.” 

The fault grounds for divorce in New Jersey include the following: 

  • Adultery 
  • Extreme mental or physical cruelty 
  • Voluntarily induced addiction or habitual drunkenness 
  • Institutionalization for mental illness 
  • Imprisonment 
  • Deviant sexual behavior 

Divorce from bed and board may also be requested, which can later be converted to a final judgment of divorce. When divorce from bed and board is sought, both parties must apply for this relief and it can be later converted into a divorce action. 

Related Article: The No-Fault/Fault-Based Divorce Debate 

New Jersey Asset and Debt Division Process 

The division of property in New Jersey must be equitable in the eyes of the court. In New Jersey, there is a three-part inquiry completed to establish equitable distribution. 

  • Identify the marital assets and debts 
  • Assign a value to the marital assets and debts 
  • Equitably divide the marital assets and debts between spouses 

To achieve this, the court must first outline what specific marital assets and debts are eligible for distribution based on the type of asset or debt. Then, the court will need to determine the current value of those assets and debts, with a focus on distribution. The final step involves determining what is an equitable division of those assets. 

Related Article: Divorce Tips For Men: What To Do With The House? 

New Jersey Child Custody Laws 

Child custody laws in New Jersey are dependent on two components: Legal and physical custody. Legal custody refers to the right to make decisions for the child related to health, educational and welfare. It can be awarded as joint or sole custody. 

Physical custody refers to where the child lives or resides. It can also be ruled sole or joint if shared. There are numerous strategies for establishing child custody arrangements, including alternating weekly schedules. 

Related Article: New Jersey Child Custody Questions 

New Jersey Child Support 

New Jersey courts expect both parents to provide financial support for their child and note that this is a fundamental and constitutional right. New Jersey Child Support Guidelines help to determine the amount of child support one parent must pay to the other. Courts have the discretion to deviate from this if there is evidence to warrant it or if the combined incomes of the parties exceed the income cap set by the guidelines. 

To make decisions about child support, the court must take into consideration several key factors: 

  • The needs of the child 
  • The respective lifestyles of each parent and the standard of living the child is used to 
  • The source of all income from each parent, including assets that may not be income-producing 
  • All sources of debt for each of the parents and the child 
  • The earning capacity of each parent based on previous work experience and education 
  • Roles of the respective parents in caring for the child 
  • The expenses paid for by each parent historically 
  • The ability to provide for the child’s higher education needs 
  • The child’s current age and health needs 
  • The responsibility of each parent based on the court’s belief of other support provided 

The court must determine a figure that provides for the child’s needs while balancing the parent’s ability to make such a payment. 

Related Article: New Jersey Child Support: Paying For College 

New Jersey Maintenance/Alimony 

The maintenance, or alimony, awarded is dependent on numerous factors, including: 

  • The actual need for alimony and the ability of the parties to pay 
  • Length of the marriage 
  • The age, physical and emotional health of the parties 
  • Marital standard of living and the likelihood that each party can maintain a reasonable comparable standard of living with neither party having a greater entitlement to that standard of living than the other 
  • Earning capacities, education levels, vocational skills, and employability of the parties 
  • Length of absence from the job market of the party seeking alimony 
  • The parental responsibilities for the children 
  • The time and expenses necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment, the availability of training and employment, and the opportunity for further acquisitions of capital assets and income 
  • The history of financial or non-financial contributions to the marriage or civil union by each party 
  • The equitable distribution of property ordered and any payouts on equitable distribution 
  • The income available to either party through investment of any asset held by that party 
  • The tax treatment and consequences to both parties of any alimony award 
  • Any other factors which the court may deem relevant 

Alimony or maintenance is not always a component of New Jersey divorce. 

Related Article: Will I Have To Pay Alimony? 

Why Work With Cordell & Cordell 

Experience, compassion, and dedication make working with Cordell & Cordell a desirable outcome for many people filing for divorce in New Jersey. With the experience of your divorce attorney, you gain insight into your rights and obligations at every step of the divorce process.

Testimonials 

“Everything was great. You guys have a reputation of being the firm for dads, and you delivered extremely well.” — Xavier S. 

“The service was top notch. the staff were able to help me through it without a lot of legalese and by genuinely caring about my case.” — Thaddeus O. 

Take Charge & Move Forward Today 

Cordell & Cordell is a national law firm helping men with various family law concerns, including all aspects of divorce. This page is a resource to use to guide further support, and is not to be taken as legal advice. 

Contact Cordell & Cordell today to gain insight into your legal options in any of the previous areas. Contact 866-323-7529 now to learn more or complete our contact form.

Parent relocation Indiana divorce.

Indiana Non-Custodial Parent Relocation Laws & Child Custody

Written by Joseph E. Cordell on . Posted in Family Law.

If you are a non-custodial parent moving out of state, your parenting time could significantly be reduced. The non-relocating parent may even contest the move and file a motion with the court. If the court finds that it is in the best interest of the child that you do not move, it can prevent you from progressing with your life. Moving, whether across the state or out of state, also means a change in parenting time and possibly, in custody orders. 

If you need to move and your ex-spouse contests the move or refuses to work with you on a long-distance visitation plan, contact a family law attorney at Cordell & Cordell for a consultation. 

Notice of Relocation in Indiana Court 

Indiana Code requires the parent who is moving to file a notice of intent to move with the court that issued the custody order or the court that has jurisdiction over any legal proceedings that concern parenting time with the child. 

The exceptions to this are: 

  • If the relocation has been addressed in a previous court order 
  • The relocation will result in a shorter distance between the parent and child 
  • The relocation is no more than 20 additional miles between the relocating parent and the child 

The court will schedule a hearing and, if necessary, amend the custody order along with the parenting plan. In making changes, the court considers several factors, including: 

  • The distance involved in the move 
  • Additional expense incurred by the non-relocating parent and child for purposes of parenting time 
  • Preserving the relationship between the child and the relocating parent 

In the case of the custodial parent relocating, the court also looks to see if the custodial parent has a “habit” of moving to thwart visitation with the non-custodial parent. 

If the court allows the relocation, existing orders for child support, custody, parenting time, and grandparent visitation remain in place until the court makes a change. 

Does it Matter if the Non-Custodial Parent is Leaving Indiana? 

When a non-custodial parent leaves the state, it can affect child custody orders, especially if the distance is thousands of miles. The relocating parent, whether custodial or non-custodial, must include several pieces of information in the notice of relocation, including: 

  • Parent’s new address 
  • New mailing address if it’s not the same as the physical address 
  • Telephone number(s) 
  • Date of the intended move 
  • Specific reason(s) for relocation 
  • A statement declaring that you do or do not believe the parenting plan should be revised 
  • A statement declaring that other parties involved can file a petition to request an order that prevents the temporary or permanent relocation of the child (in the case of a custodial parent moving) 
  • A statement affirming that the non-relocating parent can file a motion to modify the custody order, parenting time order, or grandparent visitation 
  • A statement specifying that any existing custody order or child support order remains in effect until modified by the court 

The specific reasons for moving must include the purpose for the relocation and “establish honest intent” for your change of residence, as the moving party has the burden of proof to show the relocation is being made in good faith and is for the betterment of the children. 

Parenting from a Distance 

After moving, your child may feel anxious about visiting you, especially if you now reside a long distance away. The child may grow bored because he or she has no friends in the area and all of his or her “stuff” is back home. 

You can make it more fun for your child by spending added quality time with them – most children prefer time with their parents over material items. If your child seems apprehensive about visiting, you can start by asking what you can do to make your new home feel more like home for them. 

If it is within your budget, you may respond to the child’s suggestions for decorating his or her room or begin by providing some of the same toys and items the child currently has at his or her mother’s house. 

Make an effort to plan future activities with your children so they look forward to their visit with you. Set the goal for a future event then involve them in the planning, such as making a special space just for them in your new home. 

Does the Custody Agreement Remain in Effect in Indiana, or Does it Change to Reflect the Laws of the New State? 

In most situations, the custody case remains in Indiana – the state where the custodial parent will remain and will not have to change. However, if both parents move to the same state, you may want to request that the case be transferred to your new home state. 

There is no federal law that governs child custody orders, so each state has its own rules and laws. This can become a challenge to consistently enforce orders across state lines. Fortunately, most states have adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). 

UCCJEA is a uniform bill that simplifies custody matters across state borders. Any state that has adopted the UCCJEA follows the same custody laws contained in the bill. This allows other states to enforce your state’s custody orders based on laws in the state of the original court order. Thus, your Indiana custody order can be enforced in another state, even if the custody laws are different in the other. As of 2024, Massachusetts is the only state that has not adopted the UCCJEA. 

When you need to change a custody order, it will occur in an Indiana court unless the custodial parent also moves to the state you relocated to or moves to a different state. If the custodial parent makes the move to a different state—you or your spouse can ask to transfer the custody order to that new state. 

Why Work with Cordell & Cordell 

Dealing with child custody across state lines can be stressful even when both parents are in agreement with the move. If your ex-spouse disagrees, you will need a court order to approve your move. Before planning your proposed move, consult an experienced custody lawyer for legal advice in handling any changes made to visitation rights and custody orders. 

Client Experience 

“She did everything exceptionally well. She was quick to respond, always available, and always there to answer any questions that I had. She always made herself available to me. She was absolutely great. She was always friendly, professional, and I could not have asked for a better experience overall.” — Daniel H. 

Worried About a Move Affecting Your Custody? Contact Us. 

Cordell & Cordell is a family law firm that guides individuals through a range of family law issues, including divorce, child support, child custody issues, division of marital assets, and paying child support after a minor child enters college. Contact our team today at 866-323-7529 or fill out our online contact form to schedule an initial consultation. 

Disclaimer: This page serves as a resource and is not to be taken as legal advice.