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I am assisting a friend in a divorce proceeding in the state

I am assisting a friend in a divorce proceeding in the state of New Jersey. We have a final marital settlement agreement, but are questioning the advice on a number of points. I would like to post the agreement and have it reviewed with any concerns itemized. The actual dollar amount for the alimony, child support, and equitable distribution is not under question, nor does this include any review of other information -- purely an analysis of the clauses of the agreement and if any changes should be made in the concepts, or if anything is outright missing.

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RobertJDFL

Attorney

Juris Doctorate

12,888 satisfied customers
I am a 66 year old female with a history of childhood

I am a 66 year old female with a history of childhood trauma. As an adult there are times when I ask a minor question of my husband, then ask it again because I've already forgotten his answer. This gets him extremely angry (I can understand that it being irritating) and belittleing.JA: What state are you in? It matters because laws vary by location.Customer: South CarolinaJA: Has anything been filed or reported?Customer: No, but I am thinking of separationJA: Anything else you want the lawyer to know before I connect you?Customer: Not yet

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LegalGems

Juris Doctorate

15,020 satisfied customers
My wife has had a drug problem for a while. I approached her

my wife has had a drug problem for a while. I approached her parents a while back to try and help her and now she has taken the kids and is staying with them. should I file for divorce outright or a separate maintenance in Georgia.JA: Because family law varies from place to place, can you tell me what state this is in?Customer: geogiaJA: Has anything been filed or reported?Customer: no but I do have all the recordings and evidence to prove my case and Georgia is a one party state when it come to audio recordings.JA: Anything else you want the lawyer to know before I connect you?Customer: no at this moment

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FamilyAnswer

Juris Doctor

32,166 satisfied customers
I was married on Feb 15, 2013 in NJ. In 2013 we gave birth

I was married on Feb 15, 2013 in NJ. In 2013 we gave birth to a son (Andrew, 4-18-13) who is now 3 1/2. We moved to Hilton Head Island, SC in July of 2013 and have lived here since. I am looking to file for divorce for irreconcilliable differences. I am curious about what the divorce laws are in South Carolina for a marriage of this length with a child.

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FamilyAnswer

Juris Doctor

32,166 satisfied customers
Divorce - I have been a non-working wife for the whole 18

Divorce - I have been a non-working wife for the whole 18 years of marriage - husband filed for divorce to stop me from moving out of State with two teen boys & prevented me fromAccepting a job.After 1 1/2 years of fighting for divorce, I succumbed to living together again yet in separate bedrooms in order to give my boys and self financial & emotional stability. We are now about to close on a new house - husband refusing to put house in my name, he has taken me off all joint credit cards and banking....so, he just gives me money as I need it. I am not comfortable with this situation.I am wondering should I get Legally Separated (live in Georgia) or should I have a Post Nup drawn up, any other advice??

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Christopher B, Esq.

Attorney

Juris Doctor

5,570 satisfied customers
My divorce decree says the following about child support. The

My divorce decree says the following about child support. The end confuses me and I want to know exactly what it means."Said payments shall begin on the 1st day of September 2001 and shall continue each and every month thereafter until the child herein reaches the age of majority, marries, becomes self-supporting, enters the Armed Services, dies, or is enrolled in a secondary school but has attained the age of majority before completing his secondary school education, provided such child support obligation shall not be required after the minor child herein attains the age of 21 years, whichever of these events shall first occur."... the age of majority in GA is 18

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P. Simmons

Attorney

Doctoral Degree

36,648 satisfied customers
Ex-wife wants 1/3rd of income shared (if income becomes more

Ex-wife wants 1/3rd of income shared (if income becomes more than what alimony was based on) in lieu of going to court to ask for more. Spouse is willing to do so to save on attorney fees. Is that NOT deductible because it's part of what could be alimony, but without a decree?Does it make a difference if the spouses create a settlement agreement to do so (post divorce judgment)? If no, any difference if the money is taxable to giver?Is there an easy way to get a decree without going to court?In regards ***** ***** or not it's taxable to giver, and more than $14,000 but not intended as a gift (such as not to hit payer's lifetime exclusion), can that be income to ex-spouse?

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LegalGems

Juris Doctorate

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Question...may require someone faikiawith nj divorce law...I

Question...may require someone faikiawith nj divorce law...I have been divorced 16 years...I have residential custody of my son. I our divorce it was written that we would alternate claiming him as a dependent. ..because as my ex remided me aai tight it wouldn't be fair otherwise. Now according to the irs Web site, my son because I have residential,custody and he sleeps at our home more then 6 months out of the year I am entitled to the deduction. Now because I am afraid of my ex I have always gone along with this swap of every other year but never filed the form or gave him anything dated each year he has taken him stating it was ok..so he tells me tonight the divorce supercedes irs law is that accurate?

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RobertJDFL

Attorney

Juris Doctorate

12,888 satisfied customers
My wife and i divorced in 2009 and the divorce decree was for

my wife and i divorced in 2009 and the divorce decree was for no spousal maintenance, or alimony, but i verbally obligated myself to helping her financially. i am still providing most of her support by paying her utilities, car insurance, as well as cash for misc items and even provide her with a vehicle. i need to deduct these expenses but the irs wants a separation agreement. can i create one now so i can start deducting these expenses and can i make it retroactive for the 2015 tax year?

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LegalGems

Juris Doctorate

15,020 satisfied customers
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