Salvatore DePinto, Attorney at LawSalvatore DePinto, Attorney at Law2026-11-12T09:02:13Zhttps://www.depintolaw.com/feed/atom/WordPress/wp-content/uploads/sites/1401990/2019/12/cropped-favicon-32x32.pngOn Behalf of Salvatore DePinto, Attorney at Law<![CDATA[How bonuses and overtime affect New Jersey child support]]>https://www.depintolaw.com/?p=481402026-11-12T09:02:13Z2026-11-12T09:02:13ZWhat income does the court count?
New Jersey’s child support guidelines generally include wages, bonuses, commissions and overtime. If you regularly work overtime, the court may include that pay when setting support. If you receive a one-time bonus or occasional overtime, the court may average your variable earnings over a representative period to estimate your income. Keep pay stubs, tax returns and year-to-date earnings records to document how your income varies.
How can the court account for changing pay?
Your earnings may rise or fall from month to month or year to year. Averaging income over time can help the court avoid basing support on an unusually high or low pay period. Your order may also say how future bonuses or other extra pay affect support, so review its terms carefully.
When can you ask to change support?
A lasting change in your earnings may support a request to modify child support, but a temporary dip or one-time bonus does not automatically change your order. New Jersey generally requires proof of a substantial change in circumstances before modifying support.
When setting or reviewing support, the court considers your full earnings picture, including whether bonuses or overtime reflect regular income. The child support calculation also considers both parents’ financial circumstances and parenting time. Keeping clear pay records from the start can help you show whether extra earnings are ongoing or a temporary increase. A New Jersey family law attorney can review your earnings history and assess whether it may support a modification request.]]>by Salvatore DePinto, Attorney at Law<![CDATA[Can a New Jersey parent get a child’s passport without consent?]]>https://www.depintolaw.com/?p=481382026-11-12T07:25:20Z2026-11-12T07:25:20ZWhen do both parents need to approve a passport?
If your child is under 16, federal law generally requires each parent or legal guardian to approve the passport application. The parents can visit the passport application center together or the parent who cannot attend can submit notarized consent using Form DS-3053.
However, you may apply on your own if a judge grants you sole legal custody or specifically authorizes you to obtain your child's passport.
For ages 16 and 17, the State Department generally requires proof that one parent knows about the application, not both parents' consent.
What can you do if the other parent disagrees?
If the co-parent will not cooperate or you cannot obtain their consent, you may have options under federal passport rules. Depending on your circumstances, you can:
Request a judge's order: Ask a New Jersey judge to authorize you to request your child's passport on your own.
Submit Form DS-5525: If you cannot locate the co-parent or face exceptional family situations that prevent you from obtaining consent, explain your situation using this form.
Provide supporting documents: Submit relevant court orders or other records that explain why you cannot obtain the co-parent's consent.
Remember that Form DS-5525 does not guarantee passport approval. The State Department reviews your explanation and may request additional evidence.
Can you monitor your child's passport applications?
If you worry that the co-parent may apply for another passport without informing you, you can enroll your child in the Children's Passport Issuance Alert Program.
The U.S. Department of State will notify you if someone submits a United States passport application for your child. This free program can help you stay informed, but it cannot guarantee the government will stop the passport from being issued.
Protect your parental rights
If the co-parent disagrees to cooperate with your child's passport application, review your custody order and learn which options apply to your situation. A New Jersey child custody lawyer can explain your rights, help you request court approval and guide you through the passport process.
]]>by Salvatore DePinto, Attorney at Law<![CDATA[Can you lower alimony if you take a lower-paying job?]]>https://www.depintolaw.com/?p=481362026-10-27T10:32:00Z2026-10-27T10:32:00ZDoes the court consider voluntary income cuts?
New Jersey courts may modify alimony when a spouse shows a substantial change in circumstances. A voluntary job change does not always prevent relief, but the reason for taking lower pay matters. Judges review whether the change was made in good faith. They may also consider the spouse's work history, skills, health and available jobs.
If a spouse earns less than reasonably possible, the court may impute income. This means using earning capacity rather than actual wages to assess support. Layoffs, health problems or changes in the job market may support modification. However, none of these events guarantees a reduction.
What evidence supports a change request?
A spouse seeking lower alimony must provide proof of reduced earnings and explain the reason for the change. Useful records may include:
Pay stubs: Show current wages and changes in income.
Tax returns: Help compare past and present earnings.
Layoff notices: Confirm job loss or changes in employment.
Medical records: Show health issues that may limit work.
Job applications: Document efforts to find suitable work.
Labor market records: Show available jobs and typical wages.
These documents may help the court decide whether the income change is real and likely to continue. The paying spouse must also show how the change affects the ability to meet support duties.
When should a spouse file for a change?
Under N.J.S.A. 2A:34-23(k), certain non-self-employed spouses seeking relief after involuntary job loss or reduced earning ability generally must wait 90 days before filing. Other requests may follow different rules. Courts may also make some alimony changes effective from the date of job loss or reduced income.
The current support order remains in force unless the court changes it. Taking a lower-paying job does not allow a spouse to reduce payments without approval. A New Jersey family law attorney can review the facts, explain filing rules and assess whether a modification request may be justified.]]>On Behalf of Salvatore DePinto, Attorney at Law<![CDATA[How to document your parenting role in a custody case]]>https://www.depintolaw.com/?p=480272026-10-07T10:45:47Z2026-10-07T10:45:47ZWhat parenting evidence can show in a custody case
Records can show patterns of involvement that courts consider. School communications can show that you stay informed about your child's education. Medical records can document your involvement in your child's health care. Parenting-time records can help show how you spend time with your child.
Your records may also include daily responsibilities such as helping with homework, preparing meals or attending school events. These records do not determine the custody outcome on their own. The court considers this along with other circumstances affecting your child's best interests.
Records you should consider keeping
Keep emails with teachers, report cards and records of parent-teacher conferences. Medical records and communications with health care providers can also document your involvement. Activity records for extracurricular activities may provide additional information about your role.
Keep a calendar showing your parenting time and any additional care you provide. Save text messages and emails about custody arrangements that involve your child or parenting schedule. Store school and medical records securely and keep only what is relevant to the custody issue.
How to keep parenting records organized
Date your entries and store documents in clearly labeled folders. Digital calendars and parenting apps can help you track schedules and communications.
Keep your records factual and avoid emotional commentary or exaggeration. Do not alter messages or create records to make your involvement appear greater than it was. Accurate records that show your parenting activities over time can provide useful information in a custody dispute.
Using documentation in a custody case
Documentation is only one part of a custody case. New Jersey courts consider the full range of circumstances affecting your child's best interests. A family law attorney can help you identify which records may be relevant and explain how they may fit into your custody case.]]>On Behalf of Salvatore DePinto, Attorney at Law<![CDATA[Should you move out of the house before filing for divorce?]]>https://www.depintolaw.com/?p=480242026-09-29T06:34:00Z2026-09-29T06:34:00ZHas the tension at home grown so heavy that one of you is ready to pack a bag? Leaving can seem like the obvious next step, but where you live during a divorce can shape your finances and your time with your children for months. Before you move, it helps to understand what leaving does and does not change under New Jersey law.
You do not have to move out before filing
New Jersey does not require spouses to live apart before filing for divorce. Most people file on the ground of irreconcilable differences, which generally means the marriage has broken down for at least six months with no reasonable chance of repair. You can meet that standard while still sharing a roof. Living apart is another legal ground for divorce, but it typically requires at least 18 months of separation.
Moving out does not erase your property rights
Many people worry that walking out the door means walking away from the house. In most cases, it does not. A home bought during the marriage is generally part of theequitable distribution of marital property, the process for dividing assets and debts fairly. Your share usually depends on factors such as each spouse's contributions, rather than simply who continues living in the home. A house one spouse owned before the marriage or received as a gift or inheritance may be treated differently, though part of its growth in value could still be divisible.
Living apart can affect your parenting routine
If you have kids, moving out can create a new routine almost overnight, from where they sleep on school nights to who handles drop-offs. New Jersey courts can set temporary custody and parenting time arrangements while a divorce is pending.In deciding custody, judges weigh factors such as the stability of each home and the time each parent spent with the children before and after the separation. As a result, an informal schedule established after one parent moves out may become part of the circumstances a court considers later.
A second home can increase your expenses
Leaving also comes with a price tag. You may pay rent on a new place while the mortgage, utilities and insurance on the marital home keep coming due. A court can issue temporary support orders, often called pendente lite orders (Latin for "while the case is pending"), to determine how certain financial obligations are handled until the divorce is final. Until one is in place, running two households can strain your budget.
Staying in the home may not always make sense
None of this means staying is always the better choice. Constant conflict, an unworkable living arrangement or safety concerns can make separation necessary. If domestic violence is involved, a New Jersey judge can grant the protected person exclusive possession of the shared home through a restraining order. That order generally controls who lives in the home without changing the underlying ownership of the property. If you feel unsafe, protecting yourself and your children comes first.
The right time to leave depends on your situation
Moving out is both a personal decision and a practical one. Before you pack, estimate what a second home would cost, sketch a realistic parenting schedule and gather financial and ownership records related to the house. Bringing that information to a family law attorney can help you decide whether and when to leave with a clearer sense of what comes next.]]>On Behalf of Salvatore DePinto, Attorney at Law<![CDATA[How restricted stock units are divided in a New Jersey divorce]]>https://www.depintolaw.com/?p=480212026-09-23T07:58:13Z2026-09-23T07:58:13ZWhy do courts look beyond the vesting date?
New Jersey courts usually look at what the employer meant to reward when issuing the grant, not just the vesting date. They often separate the portion tied to work during the marriage from the portion tied to work before or after the marriage. New Jersey uses equitable distribution rules that aim for fairness rather than an automatic 50-50 split.
Unvested units may be lost if employment ends before vesting, though some plans allow accelerated vesting. The first step usually involves reviewing the plan documents and identifying the key dates.
Courts often use a time-based calculation
Once the court identifies the marital portion, it often uses a time-based calculation, sometimes called a coverture fraction. This compares the part of the grant period that fell within the marriage against the full grant period.
RSUs usually trigger ordinary income tax at vesting, which reduces the number of shares actually received. If either spouse keeps shares after vesting, later gains or losses may trigger capital gains tax.
What details can change the division?
Important details may include:
The grant date, vest date and any service or performance conditions
The divorce complaint filing date, which courts often use as the marital asset cutoff, though another date may apply in some cases
The employer’s purpose in making the grant
The plan’s rules on taxes, withholding and vested shares
Plan restrictions can limit the settlement options
If the plan does not allow direct transfer, the spouses may need to use a deferred distribution or offset the RSU value with other marital assets. A general New Jersey marital property rule reference can provide background on the larger legal framework that applies when courts divide property. A family law attorney can review the grant documents, vesting terms and tax issues to assess whether the proposed division fits both the plan rules and the divorce settlement structure.]]>by Salvatore DePinto, Attorney at Law<![CDATA[Can gifts from parents during marriage become marital property?]]>https://www.depintolaw.com/?p=480192026-09-10T06:48:02Z2026-09-10T06:48:02ZHow parental gifts can lose their separate property status
A parental gift usually remains separate property when the spouse owns it alone and keeps it separate from marital funds.
Key risks include:
Commingling: Mixing gifted funds with marital assets or using them for marital expenses, a jointly owned home or improvements can make the source unclear.
Transmutation: Adding a spouse’s name to a gifted account or retitling the property can create a rebuttable presumption that it became marital property.
Proof: The spouse claiming separate-property status may need clear and convincing evidence of a different intent in an equitable distribution case.
Keeping the gift separate and documenting the donor’s intent can help protect its status during divorce. Courts look at the circumstances to decide whether property remains separate or becomes marital.
Evidence that may preserve separate property classification
Evidence can help show that a parental gift remained separate property during the marriage. Key evidence may include:
Bank statements: They show that gifted funds went into a separate account and stayed separate from marital funds. They can also show that the funds did not pay joint expenses.
Gift letters and documentation: Written statements from the donor parents can confirm that they intended the gift for one spouse only.
Title documents: Deeds, account statements and vehicle titles can show that the recipient spouse held sole ownership.
Trust instruments: These documents can identify one spouse as the beneficiary and limit the other spouse’s access to the assets.
Financial records: Transaction histories can show that the recipient did not mix the funds with marital money or use them for joint purchases or expenses.
Prenuptial or postnuptial agreements: These agreements can identify specific assets as separate property.
Correspondence and emails: Communications with the other spouse or financial advisors can confirm that the assets were meant to remain separate.
A strong separate-property claim needs clear records, separate accounts and careful handling of the gift. Records may not protect an asset if funds were mixed with marital property or became marital property. A family law attorney can help find and fix these issues before a dispute starts.
Protect gifted assets from the start
A parental gift can become marital property without clear records and financial separation. Separate accounts, good records and careful handling can help preserve its separate status. Reviewing how a gift is held and documented during the marriage, before any dispute starts, can provide a strong basis for a future separate property claim.]]>by Salvatore DePinto, Attorney at Law<![CDATA[Can child support be reduced when a parent loses a job?]]>https://www.depintolaw.com/?p=480172026-08-21T21:40:50Z2026-08-21T21:40:50ZWhat courts consider when reviewing a child support modification
A job loss may support a child support modification if it causes a substantial and lasting drop in income. The court may review several factors:
Involuntary job loss: A layoff, downsizing or company closure may support a reduction request.
Voluntary unemployment: Quitting a job or choosing lower-paid work may hurt the request.
Misconduct: Losing a job because of misconduct may affect the court’s decision.
Earning ability: The court may review education, skills, work history and past earnings.
Job search: Documentation of applications, interviews and recruiter contacts can demonstrate a genuine effort to return to comparable work.
Unemployment benefits: These benefits may count as income when the court reviews child support.
Lasting hardship: The income loss must be serious and more than a short-term setback.
Supporting documentation: Layoff notices, pay stubs, benefit records and financial statements can support the request.
The existing support order remains effective until the court approves a modification.
What happens to child support while a modification request is pending?
A job loss does not automatically change a New Jersey child support order. A parent who seeks a modification must follow the court process and provide evidence of the income change.
During the review:
The current order stays active: The parent must continue paying the existing amount.
Payments cannot change without court approval: The parent cannot lower or stop payments independently.
A new amount may apply to an earlier date: A judge may set the new amount from the date the motion was properly filed and served.
The final change may affect the balance: A lower amount may create a credit, while a higher amount may create arrears.
Notifying the other parent about the job loss may help manage expectations, but only a court order can change the required support amount.
Why timing matters when filing a child support modification
Child support obligations do not pause when income stops. Because the existing order remains in effect until a court approves a change, delays in filing a modification request allow arrears to accumulate and can trigger enforcement measures. Documenting the job loss, gathering financial records and acting early give a parent the strongest opportunity to address the income change before arrears grow. Once the gap between the support owed and the support paid widens, it becomes harder to close.]]>by Salvatore DePinto, Attorney at Law<![CDATA[What happens when an ex-spouse retires while paying alimony?]]>https://www.depintolaw.com/?p=480152026-08-10T20:25:04Z2026-08-10T20:25:04ZHow retirement affects alimony decisions in New Jersey
New Jersey courts review the income, expenses and financial needs of both spouses before deciding whether to reduce or end payments.
Key factors courts consider include:
Full retirement age: New Jersey law may allow alimony to end when the paying spouse reaches full Social Security retirement age. The receiving spouse can present evidence showing why support should continue.
Early retirement: A spouse who retires early must show that the decision was fair and made in good faith.
Income and assets: Courts review wages, pensions, Social Security benefits, savings and investments.
Financial need: Judges consider whether the receiving spouse still needs support for regular living costs.
Retirement plans: Courts may review retirement savings, divorce agreements and plans made during the divorce.
Other assets: Business interests, deferred income and investments may affect the court’s decision.
Age and work history: Courts may consider the spouse’s age, health, career and normal retirement age in that field.
Future income: Courts may review whether the paying spouse can still earn money after retirement.
A spouse with significant assets or other income may still need to pay alimony. The court reviews the full financial picture before making a decision.
Protecting retirement and financial security
Retirement can put an alimony recipient’s financial security at risk. When retirement affects alimony, proper planning can help protect the future. An experienced alimony attorney can review the details, explain the options and help seek a fair outcome. Early action can reduce uncertainty and make the move into retirement easier.
]]>On Behalf of Salvatore DePinto, Attorney at Law<![CDATA[What happens when parents disagree about a child’s medical care?]]>https://www.depintolaw.com/?p=480132026-07-31T10:28:45Z2026-07-31T10:28:45ZWhat does your custody order say about medical care?
Legal custody covers major decisions about your child’s health, education and general welfare. Review the exact terms of your order before you act. The order may require joint consent or it might give one parent final authority over a specific type of care. Physical custody and parenting time do not automatically give you control over major medical choices.
Who decides may depend on the type of care your child needs. You might make routine health care choices during your parenting time. Major treatment, such as surgery, could require both parents to take part in the decision.
When should you ask the court to step in?
If direct discussions fail, you may ask the court to resolve the dispute. The judge will review the custody order, the medical evidence and your child’s best interests.
Gather records from your child’s doctor that explain the diagnosis, recommended treatment and risks of delay. Also keep messages showing your efforts to discuss the issue and reach an agreement.
If the dispute creates an immediate risk to your child’s health or safety, you may request emergency relief. Otherwise, you would generally file a standard motion and follow the court’s usual schedule.
Build a clear plan for your child’s care
A medical dispute can leave you worried about your child’s health and your rights as a parent. You may want to review the custody order, collect medical guidance and keep a record of your discussions. A clear understanding could help you pursue a result that protects your child.]]>