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West Caldwell Family Law Blog

Child support problems still unresolved for Miguel Cabrera

Major League Baseball fans in New Jersey may have heard that superstar Miguel Cabrera has been involved in an acrimonious court battle regarding two of his five children. Cabrera lives with three of his children and his wife, who was also his high school sweetheart. However, after reportedly having an extramarital affair with a particular woman for years, he became the father of two other children as well. The mother of those children is seeking $100,000 per month in child support.  

The legal battle has been brewing for the past 10 months. Cabrera's wife and his former mistress are said to be at odds. His wife claims the other woman used online photographs of her and her children without permission in order to supposedly prove to people that Cabrera treats one family better than the other. Cabrera's wife also accused the woman of cyberstalking her family.  

Do friends lead other friends to divorce?

Relationship analysts often write about various trends that seem to occur in New Jersey or other states. For instance, there has been much talk of late regarding divorce among people age 50 and beyond. Recent studies show that married couples also seem to have something else in common among their peers, that being this: When they see their friends getting divorced and moving on to new, happy lifestyles, they are more likely to get divorced themselves.  

However, this does not mean that divorce is something like a virus, that one person can catch from another. It is more that seeing a friend successfully rebound after divorce may give someone who is already struggling in a marriage the confidence needed to take the next step, which, in many cases, might be divorce. Just as young couples often get married when all their peers start getting married or have babies when their friends have babies, so too do friends seem to be influenced by their peers who divorce.  

Protect New Jersey business assets when marriage ends in divorce

Many New Jersey spouses own businesses together. Other marriages, however, include spouses where just one of the two is the business owner. In fact, many situations involve a second spouse who cares little or has basically nothing to do with a business. Whichever the case may be, any and all business owners are wise to take steps as soon as possible to protect their business interests in case of divorce.  

It is understandable, especially in situations where one spouse offers no support toward the other spouse's business, to assume that the non-business spouse would settle a divorce without trying to financially gain from the business. That is not always how things play out in court, however, as a woman in another state can attest. She says her husband complained about her business throughout their entire marriage until it came property division proceedings in their divorce. 

Mediation can help you focus on the kids during custody disputes

If you plan to divorce the other parent of your children, the fact that you don't agree on custody terms is unsurprising. What might surprise you, however, is the fact that you don't have to battle it out with your ex in court to get the parenting plan handled in your New Jersey divorce.

In fact, choosing not to go through a contentious, litigated divorce may be a better option for your whole family, including the kids. Mediation could allow you more control over the outcome of the custody arrangements and help ensure that you and your ex keep things focused on your kids while you create the parenting plan that will guide you both after the divorce.

Wayans Jr. asks court for more parenting time

Following a divorce, New Jersey parents often have court orders in place regarding custody of their children. In such circumstances, both parents must adhere to the order, unless and until the court grants a modification. If a parent believes he or she has a legitimate reason, a request to change the order may be submitted to the court. Actor Damon Wayans Jr. recently asked the court for more parenting time.  

The mother of his two daughters, Basketball Wives star, Aja Metoyer, currently has primary custody of the girls during the week. However, Wayans Jr. claims his daughters' educations are suffering because their mother has failed in her responsibility to make sure they get to school on time and that they do their homework. In fact, Wayans Jr. says his daughter was supposed to attend summer school but her mother took her on a cruise vacation instead.  

Worried about a child custody situation?

Even if you are willing and determined to settle your divorce in as amicable a manner as possible, there is little to nothing you can do about another person's behavior. Especially where child custody is concerned, if you and your spouse disagree about certain issues, it can definitely cause a delay toward your settlement. If your situation becomes contentious, you may feel the need to reach out for support rather than going it alone in a New Jersey family law court.  

Most parents preparing for divorce have to discuss numerous topics, such as where their children will live, whether shared custody is an option, and who will have the final say regarding important life decisions involving the kids, such as medical issues, education and religion. Like most good parents, you want what is best for you kids. If you're in a situation where your spouse is determined to undermine your authority or to impede your parent/child relationships, you'll definitely want to talk to someone well-versed in child custody law so you know how to protect your rights and your children's best interests.  

How property distribution impacts New Jersey parents in divorce

Many New Jersey households rely on dual incomes. Many others consist of families where only one parent goes outside the home to work. When married couples that include a stay-at-home parent decide to divorce, the court takes certain factors into consideration when ruling on property distribution issues. This is often a major concern for spouses who have held paid jobs for many years.

There are nine states throughout the nation that continue to operate under community property laws in divorce, meaning all marital assets are split 50/50. New Jersey is not one of those states. Like a majority of states, New Jersey oversees divorce by using equitable property division guidelines.

Authorities issue public alert in child custody situation

Many New Jersey parents encounter challenges when disagreements occur between them regarding where their children should reside if parents are no longer married or never were to start. Most child custody situations are resolvable and do not lead to violence of any kind. However, some disputes get out of hand and local authorities, and perhaps even federal investigators, may be called in to rectify those situations.

That is reportedly what is happening in a case in another state. A mother of four is said to be on the run with all her children and her boyfriend. Police say they consider the boyfriend a dangerous person and believe he is currently armed.

Court to rule on request for child support modification

Most New Jersey parents who have signed custody, visitation or support agreements understand that both parents must comply with a settlement agreement that is then approved in court and included in a judgment of divorce. Otherwise, they risk being held in contempt. Some people wind up in jail for failure to pay child support.

Jail is the likely the last place rap star Gucci Mane wants to go since he just got out not long ago. However, his ex has reportedly asked the court to order a payment increase for the support Mane provides for their son. He currently pays $2,000 per month and the child's mother has asked that those payments increase to $20,000 per month.

You need room to compromise when strategizing for mediation

Negotiating the terms of your own divorce can be empowering, but it can also be complicated. Mediation is a great option for many couples in New Jersey. It allows you and your spouse to figure out how to split your assets and debts without turning over all the decisions to the courts.

Mediation can also allow you to move through the divorce process much more quickly and with less expense then you would experience in family court because you can file for an uncontested divorce. However, just like a standard divorce, there's a lot of strategy that should go into a mediation session. If you don't prepare yourself, you could find that you are not as happy with the end result as you otherwise might be.

  • IACP | International Academy of Collaborative Professionals NAFLA | Top Ten Rating | 2014
  •  Super lawyer | Melissa Cipriano
  • Super lawyer | Top 100 | New Jersey
  • Super lawyer | Top 50 Women | New Jersey
  • 10 Best 2016 | Client Satisfaction | 10 Best Female Attorney
  • Avvo Rating 10.0 | Superb | Top Attorney Divorce Avvo | Client choice 2015 | Divorce

Melissa Cipriano: Honored as a "Best of New Jersey Among our Most Distinguished Americans of Italian Descent" and conferred the "Stivale D'Italia Award of Excellence" by the Italian Tribune for her "honesty, integrity and dedication to fair and ethical business practices" and her "outstanding reputation as a Woman Whose Word is Her Bond".

*See methodology for inclusion at the websites listed: Super Lawyers, NAFLA, AIOFLA, and AVVO. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

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