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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11446
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Need a good mediator to finalize marriage separation

Customer Question

Need a good mediator to finalize marriage separation agreement in New Jersey. Who can help?
Submitted: 9 months ago.
Category: Family Law
Customer: replied 9 months ago.
Can my spouse ask for health insurance coverage through company I work after our divorce (as part of marriage separation agreement stipulation)? I hear different opinions from different people, some say insurance company that provides health coverage for my company will not allow me to keep my ex-spouse covered after divorce.Same question regarding not legally adopted step children (from my wife's previous marriage), will insurance company for my employer allow me to keep them on my insurance policy if I did not adopt them legally and do not have legal custody over children? Can spouse request shared custody over children in marriage separation agreement in order for me to be able to keep children on my health policy?
Customer: replied 9 months ago.
Does shared custody over children need to be clearly explained in marriage separation agreement? For example, Mon through Wed children live with mom, Thu through Sun with step dad? Or one week with mom, another week with dad...
Customer: replied 9 months ago.
How to keep ex-spouse and her children (my step children, not legally adopted) covered under my employer's health insurance? Do insurance companies allow it if it is requested in marriage separation agreement?
Customer: replied 9 months ago.
Can I request in marriage separation agreement that my wife pay half of car loan (that was defaulted on my credit in 2012 and never paid) after she totaled (destroyed) car and abandoned it in Alabama in 2012?
Customer: replied 9 months ago.
Are there any good mediators in New Jersey that can help us finalize marriage separation agreement that was originally drafted by an attorney in New Jersey, but never finalized. An attorney did not have good negotiating skills and negotiation quickly ended with statements like "see you in court" with no agreement signed.
Customer: replied 9 months ago.
How to argue in court that my spouse has business income higher than what she reported on tax return? In her business a lot of transactions (business to business payments) are done with commercial checks, which are rarely reported on 1099 form. Her company gets paid by other companies, but those companies do not issue 1099 form and she does not report this "extra" income on tax return. It creates an illusion that her business income is low.
Customer: replied 9 months ago.
During marriage we bought plots of land overseas (Brazil) with mutually earned money. What are acceptable terms of selling this mutually bought real estate and how should it be written in marriage separation agreement? Should we sell it within 5 years of divorce?
Customer: replied 9 months ago.
Background:
We have been married in New Jersey for 8 years. There were no children born to this marriage. I have filed for divorce 1.5 years ago, but dismissed case 1 year ago to give it another try under pressure from our rabbi. We still have disagreements and I filed for divorce second time 7 months ago. My wife has her own business where she receives a lot of payments not reported on 1099 form by other companies. As a result she does not report it on tax return. I work for an employer full time (W2) and our married filing together tax return for 2015 shows that I earn most of income in our family. The reality is the opposite, my wife earns more than me, but that income is not declared to IRS because other companies do not report those payments. Because those companies do not report payments, she did not report them on our tax return. In addition, my wife's children receive deceased husband social security benefits (from previous marriage). If divorced, she will also get "widow" benefits from deceased husband according to her. My wife says that after 8 years of marriage I owe her alimony. She also threatened to "close" her business to make it look like she has no income to justify the alimony from me.
QUESTION: how should I argue in court that she has substantial income and that it is not fair to demand alimony from me?
Customer: replied 9 months ago.
I have not adopted step children (from my wife's previous marriage; previous husband deceased in 2007) in 8 years. I have filed for divorce 1.5 years ago, dismissed and filed again for divorce 7 months ago. Wife suggests that I put "shared legal custody over children" into marriage separation agreement. Should I? I do want to help children, but mu wife and I have intolerable disagreements. Do I really need shared custody to offer meaningful help to children? Will visitation rights be sufficient? Will it tie my hands in any way if I yield to my wife request to add shared custody into marriage separation agreement?
Customer: replied 9 months ago.
If my wife has real estate assets in United States and overseas, most of which she acquired before our marriage, will judge take it into account during discussion about alimony she wants me to pay her? Her current income varies, because she owns her business and because of cash equivalent transactions not reported on 1099 (businesses that pay her business do not report it on 1099). My income is fixed (W2) and from our 2015 tax return there is an Illusion that my wife's business has little profit, even though it is because she does not report cash-like transactions, which comprise most of her business income. Will real estate possessions play any role in discussion of possible alimony payments? In other words, is it fair to demand alimony if you owe a lot of real estate in United States and overseas?
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Please understand, we cannot make personal referrals or represent anyone from this site. We can answer questions for you about your situation, but cannot represent you or make personal referrals. If that is acceptable to you, let us know.

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