Schepisi & McLaughlin, P.A.Bergen County Lawyer | Schepisi & McLaughlin, P.A. | Family Law, Business Law, Construction Law2026-06-05T14:36:08Zhttps://www.schepisi.com/feed/atom/WordPress/wp-content/uploads/sites/1201392/2019/11/cropped-site-icon-32x32.pngOn Behalf of Schepisi & McLaughlin, P.A.<![CDATA[Can a parenting coordinator help with custody conflicts?]]>https://www.schepisi.com/?p=495512026-05-28T12:45:44Z2026-05-28T12:45:44ZWhen repeated disputes need structure
You and your co-parent can agree on a neutral professional, or a judge can make the appointment. Under New Jersey Court Rule 5:8D, a court may appoint a parenting coordinator after a temporary or final custody order is entered, along with a parenting plan. However, the court cannot appoint one if there is an active temporary or final domestic violence restraining order, unless the victim explicitly requests it.
This option can be useful when the same problems keep coming up, such as:
Pickup and drop-off details
Holiday or vacation changes
Child care arrangements
Extracurricular activities
Daily routines between homes
These issues can seem small, but repeated conflict creates stress.
What a coordinator can and cannot do
This neutral third party listens to both sides to help you reach an agreement. If you cannot agree, they provide written recommendations.
Under New Jersey guidelines, a parenting coordinator's recommendation becomes binding on the parties unless an objection is made and a timely motion or order to show cause is filed within the deadline specified in your individual order of appointment. Because of these deadlines, it is vital to read the appointment order carefully.
A coordinator cannot change legal custody or physical custody. They also cannot make recommendations about financial issues. If the issue involves changing the arrangement, support or relocation, a judge may need to review it.
What to consider before starting
Before starting, review your parenting plan, gather messages or calendars showing repeated problems and check how you will divide fees. A parenting coordinator is usually a private expense, not a free court service. Your order or retainer agreement should explain each parent’s share of the cost.
Reducing daily conflict with a clearer process
While a coordinator will not eliminate every conflict, they provide a structured path to resolve daily disputes. If recurring issues are affecting your child’s schedule, understanding this option can help you decide what step to discuss next.]]>On Behalf of Schepisi & McLaughlin, P.A.<![CDATA[How to divide executive compensation without double counting]]>https://www.schepisi.com/?p=495492026-05-19T10:15:14Z2026-05-19T10:15:14ZHow New Jersey law sees executive pay
In New Jersey, executive compensation often straddles the legal line between property division and support. To determine equitable distribution, you both need to agree on what portion of an award is marital property subject to division and what is a separate asset.
When setting support payments, the main focus is income. This means taking a practical look at real cash flow, including whether compensation is immediately paid, deferred or contingent. Timing often matters most, making it important to track these key dates:
Grant date
Vesting date
Date of separation or the filing date of the divorce complaint
These dates can determine whether you or your spouse earned the benefit during the marriage, after the marriage or partly both.
What falls under executive compensation
Executive pay often includes fixed compensation plus incentives and non-financial rewards, including:
Base salary
Annual cash bonuses
Stock options
Restricted stock units (RSUs)
Performance incentives
Health and life insurance
Retirement plans
During a divorce, you both need to figure out how much of any deferred executive pay was earned during the marriage.
You may also need to negotiate what that compensation is worth. A lawyer can help protect your financial interests by ensuring the correct valuation and fair division of assets.
Helping you avoid overcompensation
Resolving high-asset divorce cases when executive pay packages are involved takes careful work. The support payments you both agree on should reflect real cash flow and avoid counting the same pay twice. With clear documentation and disciplined financial modeling, both parties can reach a result that is equitable in distribution and realistic for ongoing support.]]>On Behalf of Schepisi & McLaughlin, P.A.<![CDATA[Does child support continue when a child goes to college?]]>https://www.schepisi.com/?p=495482026-05-05T14:40:45Z2026-05-05T14:40:45ZHow support can continue past 19
A parent may request continuation of support if the student is enrolled full time in college, vocational school, graduate school or another qualifying postsecondary program. The request must include proof of student status, such as:
Proof of full-time enrollment
Expected graduation date (must be before age 23)
Any existing order or agreement that sets a different termination date
Other information requested in the continuation notice, which may include verification of credit hours or official academic transcripts
Continuing child support is not the same as deciding who pays for college costs. In some cases, a New Jersey court may also consider whether each parent should contribute to tuition, board or related education expenses.
Under the landmark case Newburgh v. Arrigo, courts may consider several factors, including each parent’s ability to pay, the student’s educational goals, available financial aid, the child’s aptitude and the relationship between the child and the paying parent. College contribution is not automatic in every situation.
Responding to a termination notice
In cases handled through Probation, the Probation Division and the state child support agency usually send notices before support is scheduled to end. They typically send the first notice about six months before the proposed termination date and a second notice at least 90 days before that date.
If the parent receiving support does not submit a continuation request, the second notice may serve as a final reminder before support ends. Missing the deadline may lead to termination of the support order. The parent may then need to ask the Family Division of the Superior Court to review the issue.
Moving from high school to college does not automatically end every support obligation in New Jersey. It also does not mean support continues without action. If you have questions about your specific child support order, getting legal guidance may help you understand your options.]]>On Behalf of Schepisi & McLaughlin, P.A.<![CDATA[How to decide on a coparenting schedule]]>https://www.schepisi.com/?p=495452026-04-28T13:49:58Z2026-04-28T13:49:58ZHow to decide on a coparenting schedule
When trying to coparent in New Jersey, it helps to have a clear parenting time schedule. You both have a guide that can assist you in planning ahead and setting expectations for childcare. Beyond logistics, a consistent arrangement also helps your children maintain strong relationships with you while providing stability in their daily lives.
However, there is no single schedule that works for every family. There are a number of coparenting plans that you can adjust to fit your family’s specific needs.
The alternating week schedule
When crafting a coparenting arrangement, many parents opt to have a “week on/week off” plan for dividing their time with their children. In an alternating week plan, the child spends one full week with one parent before spending the next week with the other parent.
This arrangement allows your children to have extended time with both of you without the stress of constantly traveling between households. Though popular, this schedule may not work if your children already have school or if you live far apart from each other.
The 2-2-5-5 variation
For parents who are both working and share school-aged children, the 2-2-5-5 plan offers more consistency. This model allows the children to spend time with one parent for two weekdays and two with the other. Then, they will spend five-day stretches that include the weekend with alternate parents.
You can easily adjust this schedule to match your work hours and fit school breaks and holidays. When set up well, it gives your children a steady, predictable routine and minimizes travel between parents during the school week.
Weekend parenting time
If one parent lives farther away or has a less flexible schedule, a primary-home plan with weekend visits may work well. In this setup, a child lives mostly with one parent and stays with the other parent every other weekend.
While this plan gives one parent less time, you can balance the arrangement by scheduling longer stays during school holidays or summer break. Your child can also stay in touch through texts, social media and video calls to help preserve a strong relationship during the times you are apart.
Giving children normalcy and structure
When agreeing on parenting time, it is essential to remain realistic about which arrangement benefits your children the most. Moreover, a parenting plan works best when you agree on the terms together after reviewing them with your legal representatives. A lawyer can help you look at your options and set the best schedule that allows your children to thrive.
]]>On Behalf of Schepisi & McLaughlin, P.A.<![CDATA[5 debts that can complicate your divorce settlement in New Jersey]]>https://www.schepisi.com/?p=495432026-04-27T13:54:22Z2026-04-27T13:54:22ZWhen you start thinking about divorce, the house, savings accounts and retirement funds usually take center stage. Debt rarely gets the same attention, and that gap can be costly. New Jersey is an equitable distribution state, meaning courts divide marital assets and debts based on fairness rather than a straight 50/50 split.
Debt does not disappear when your marriage ends
A divorce decree can assign a debt to one spouse, but that order only applies between spouses and does not bind your creditors. If your name is on the account, the lender can still pursue you.New Jersey courts consider who incurred the debt, when it originated and whether it benefited the marriage. This distinction between marital debt and separate debt is central to equitable distribution. This gap between court orders and creditor rights is where your financial exposure lives.
The obligations most likely to follow you
Not every debt carries the same level of risk in a divorce in New Jersey. Some have a greater potential to affect your finances long after your case concludes. These five obligations tend to create the most complications for professionals working toward a clean financial outcome:
Joint credit card debt: New Jersey courts review who benefited most from the charges before assigning this debt. Even so, your creditor can still pursue you if your name remains on the account.
Mortgage debt: If you cannot qualify to refinance alone, a New Jersey court may order the property sold. Leaving the mortgage in both names after divorce creates long-term financial risk.
Home equity loans and HELOCs: These are easy to overlook in settlement talks. They connect directly to your marital home and fall under equitable distribution.
Student loans: New Jersey typically treats these as separate debt if incurred before marriage or for one spouse's sole benefit. However, courts may consider them when marital funds were used for payments.
Joint tax liability: Jointly filed returns create shared IRS liability. Federal innocent spouse relief exists but has strict eligibility requirements and does not affect how state courts divide tax obligations.
Addressing these precisely in your settlement can prevent significant financial problems after your divorce is final.
The right legal strategy protects what comes next
Debt provisions in a New Jersey divorce settlement need to be specific and legally sound. Vague language creates room for disputes and financial harm well after your case closes. Legal guidance may help you identify all marital liabilities and negotiate the right protections into your agreement.]]>On Behalf of Schepisi & McLaughlin, P.A.<![CDATA[Does job loss automatically stop child support?]]>https://www.schepisi.com/?p=495422026-04-22T09:46:57Z2026-04-22T09:35:29ZWhat happens to your obligation after income changes
Losing a job does not end your duty to pay child support. The existing order remains in effect until a judge enters a new one. As a result, unpaid amounts can continue to accrue and turn into arrears during unemployment.
Courts generally calculate support using both parents’ income, the child’s needs, parenting time and other relevant financial considerations. Even after a setback, judges still expect each parent to contribute in a fair and realistic way. That said, the law recognizes that income can change. You can ask the court to adjust the amount based on a substantial shift in circumstances.
To seek that adjustment in New Jersey, you must file a motion with the court and show proof of your income loss, such as a termination notice or unemployment records. New Jersey usually does not let courts reduce child support for periods before a pending modification request, so waiting to file can increase the arrears that build up. For that reason, prompt action often helps limit financial strain.
How timely steps can shape the outcome
Prompt attention often makes this situation easier to manage. Filing early can help bring the payment amount closer to current financial conditions and limit the growth of past-due sums.
If you are dealing with child support after a layoff, legal guidance can help you prepare the request, organize proof and present the change in circumstances clearly. A careful response can protect your financial position while preserving support for your child.]]>On Behalf of Schepisi & McLaughlin, P.A.<![CDATA[What makes a prenuptial agreement enforceable in New Jersey?]]>https://www.schepisi.com/?p=495382026-03-30T06:26:29Z2026-03-30T06:26:29ZA prenuptial agreement can protect both partners financially, but only if it holds up in court. New Jersey follows the Uniform Premarital and Pre-Civil Union Agreement Act, which sets clear requirements for how these agreements must be created and executed. Missing even one can give a court reason to set the agreement aside.
The agreement must be in writing and signed
A handshake deal will not hold up in New Jersey. Under the state's version of the Uniform Premarital Agreement Act, both parties must put the terms on paper, sign the document and attach a written schedule of their assets.
Both parties must sign voluntarily
A court will not enforce a prenup if one party can show they signed under pressure. Coercion, threats or last-minute demands before the wedding can all raise questions about voluntariness. Signing the agreement well in advance of the ceremony helps show that both parties had time to consider the terms.
Each party must disclose their full financial picture
Before signing, each party must give the other a full and fair picture of their earnings, property and debts. The law also requires both parties to physically attach a written statement of assets to the agreement. Courts regularly set these agreements aside when the schedules are missing or incomplete.
New Jersey does not require each party to have their own attorney, but courts strongly favor agreements where both sides had independent legal advice. If one party chose not to consult a lawyer, they must sign a specific written waiver expressly giving up the right to independent legal counsel. A prenuptial agreement reviewed by separate attorneys on each side carries far more weight in court.
The agreement cannot be unconscionable
Even a properly executed agreement can fail if a court finds the terms were unconscionable. For agreements signed after June 2013, New Jersey courts judge fairness based on the circumstances at the time the agreement was executed, not at the time of divorce. Terms that heavily favor one side without a clear reason may not survive a challenge.
Why the process matters as much as the terms
The strongest prenuptial agreements share common ground: both parties signed well before the wedding, both had their own attorneys, both exchanged detailed financial disclosures and neither felt pressured. Cutting corners during the process can unravel even the most carefully written terms.]]>On Behalf of Schepisi & McLaughlin, P.A.<![CDATA[Common myths about prenuptial agreements]]>https://www.schepisi.com/?p=495372026-03-05T18:23:52Z2026-03-05T18:23:52ZThere are many misunderstandings about prenuptial agreements. Pop culture often portrays them as tools to protect family wealth from golddiggers, or it’s a sign that the couple expects their marriage to fail.
The truth is, prenuptial agreements are excellenttools that can help couples clarify their financial expectations before marriage. Understanding what a prenup actually does (and doesn’t do) can help dispel some misconceptions.
Myth 1: Prenups are only for wealthy people
This is one of the most common myths regarding prenuptial agreements. Many people assume they are only necessary for individuals with substantial wealth or high-profile careers. In reality, prenups can benefit couples at any income level. A prenup can help protect a variety of financial interests, including:
A home owned before the marriage
Retirement savings
A family business
Investments or an inheritance
Protection from a partner’s existing debt
With a prenup, couples can clarify how finances will be handled during the marriage or in the event of a divorce.
Myth 2: Asking for a prenup means you don’t trust your partner
Many people avoid bringing up the topic of prenups because they believe it suggests a lack of trust. Quite the opposite is true. Creating a prenup requires both partners to disclose their financial situations and discuss expectations openly. This level of honesty and transparency can strengthen the relationship by reducing uncertainty.
Myth 3: A prenup can cover everything
Prenuptial agreements can address many financial issues, but they still have limits on what they can control.For example, a prenup generally can’t be used to determine child custody or child support in advance. Courts decide those issues based on the child’s best interests at the time of separation or divorce. Prenups are primarily designed to address matters such as property division, debt allocation and potentially spousal support.A prenuptial agreement is simply a contract between two people planning to marry. A legal representative can help you prepare one that will enable you and your future spouse to enter marriage with transparency, mutual understanding and peace of mind.]]>On Behalf of Schepisi & McLaughlin, P.A.<![CDATA[3 FAQ about paternity establishment in New Jersey]]>https://www.schepisi.com/?p=495342026-02-26T15:50:52Z2026-02-26T15:32:28ZHow can I establish paternity?
In New Jersey, fathers can establish their paternity for free if they do it before they leave the hospital. To begin the process, you and your girlfriend must fill in a certificate of parentage together and submit it to a birth certificate coordinator.
The coordinator will then ask for each of your valid IDs and witness both of you signing your document. This act officially adds your legal name into your infant’s birth certificate.
What happens after paternity establishment?
After paternity establishment, you gain your rights as the father to your infant and share the same parental responsibilities with the mother or your girlfriend. This also means that your child can have two legal parents who can help ensure that they get to grow up in a financially secure and stable environment.
With the establishment of your parental rights, you also provide your child with access to your medical history, health insurance and social security benefits.
What if I am not sure that I am the father?
If you are uncertain that you are the infant’s biological father, you must refrain from signing a certificate of parentage until you take a DNA test. There are many labs within the state that offer DNA testing for paternity establishment.
If the test result shows a match of 95% or higher, the court can issue an order of paternity in your case. After this process, you can add your legal name to your infant’s birth certificate.
However, it is important to note that if you and your girlfriend do not agree to live in the same household, the court may order you to pay child support for your infant until they turn 18 years old or beyond (in some circumstances).
The gift of parenthood
When you establish paternity, you can be the kind of father that you have always dreamed of becoming for your child. Entering parenthood is not only a priceless experience but also a selfless act of commitment to another tiny human being that you get to call your own.]]>On Behalf of Schepisi & McLaughlin, P.A.<![CDATA[Preserving retirement funds when dividing property during divorce]]>https://www.schepisi.com/?p=495332026-02-19T20:40:57Z2026-02-19T20:40:57ZDividing accounts isn't mandatory
Generally speaking, any savings accrued during the marriage are likely subject to division. However, there is no property division rule specifically requiring that spouses split every single asset they share.
A spouse who has diligently funded a 401(k) throughout the marriage can ask to retain their retirement savings when they divorce. They may simply need to make concessions in other aspects of property division that account for the value of their retirement savings.
Paperwork can prevent other losses
When individuals use tax-deferred retirement accounts to save for their golden years, they are vulnerable to income tax obligations and a 10% penalty if they withdraw funds before retirement age.
In cases where spouses must split a 401(k) or similar account, they may need to have a lawyer draft a qualified domestic relations order (QDRO). The proper execution of a QDRO can protect retirement savings from penalties and sidestep income tax consequences.
The specifics of a marital estate, the age of the spouses and other factors influence the best strategies for preserving retirement resources during a divorce. Working with an attorney to identify personal goals can help people set themselves up for the best life possible after ending a marriage.]]>