Schepisi & McLaughlin, P.A.Bergen County Lawyer | Schepisi & McLaughlin, P.A. | Family Law, Business Law, Construction Law2026-06-22T23:39:06Zhttps://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[Using a prenuptial agreement to protect separate property]]>https://www.schepisi.com/?p=495722026-06-22T23:39:06Z2026-06-22T23:39:06ZDivorce can endanger separate property
Spouses typically share their income and assets with one another, but they may have property that belongs to each spouse separately. They can potentially retain those assets if the marriage ends in divorce.
Resources that people accumulated before marriage or purchased with premarital income can be separate when spouses divorce. However, insufficient financial records and claims of commingling can endanger property.
When spouses draft prenuptial agreements, they generally need to make thorough financial disclosures to one another. Those disclosures should include inventories of pre-existing resources, as well as any outstanding debts. Spouses can negotiate agreements that allow them to keep those assets as separate property if they divorce.
They can even make arrangements in advance for maintaining separate property without exposing those resources to claims of commingling in the future. Houses, businesses and financial accounts can remain separate if spouses acknowledge those assets in a contract.
For those who already have valuable property prior to marriage, a prenuptial agreement can be an important investment. Negotiating balanced terms with a spouse can help people preserve their resources and avoid contentious divorces.]]>On Behalf of Schepisi & McLaughlin, P.A.<![CDATA[How using social media can weaken your position during a divorce]]>https://www.schepisi.com/?p=495712026-06-22T14:21:34Z2026-06-22T14:21:34ZYour posts can become evidence
Anything you post on Facebook, Instagram or other social media can be used as evidence in your divorce case. Privacy settings offer limited protection. Friends can screenshot your posts, and others may still see them.
It is important to understand that social media content is also subject to formal discovery requests during divorce proceedings. This means your spouse's attorney may legally compel you to provide access to your accounts, including private messages and posts you thought were protected. If you refuse, the court can penalize you.
Posts about expensive purchases, vacations or new relationships can affect spousal support, child support or property division. For example, if you claim financial hardship but post pictures of luxury items or expensive outings, this can hurt your credibility in court.
The impact of social media on child custody
If you have children, your social media activity could influence custody and parenting time decisions. Photos or posts showing risky behavior can raise questions about your parenting. This could include pictures of you drinking alcohol frequently, posts showing you out late on nights when you have the children, photos suggesting drug use or content displaying aggressive or inappropriate behavior.
You should also be mindful about posting pictures of your children during the divorce process. Sharing details about your parenting time or making negative comments about your co-parent online could reflect poorly on you. Courts in New Jersey generally prioritize the best interests of children. Judges may view disparaging posts about the other parent as harmful to the children's well-being.
How to protect yourself on social media
Limit your social media use during your divorce or be very careful about what you post. You might think about adjusting your privacy settings, though remember that these do not guarantee complete protection. Avoid posting about your divorce, your spouse or your legal case.
It may also be helpful to refrain from posting about new romantic relationships. These posts can raise questions about your parenting, suggest misconduct or affect support decisions.
Similarly, avoid posting about financial matters or anything that could be viewed negatively in the context of your divorce. Courts can also review your likes or comments. Some people choose to take a break from social media entirely until their divorce is finalized.
Protecting your interests during the divorce process
Managing your social media presence carefully during divorce can help you avoid unnecessary complications. Think before you post. Your actions on the internet can affect your case and your future. Taking a cautious approach now may strengthen your position and allow you to focus on achieving a fair resolution for your future.]]>On Behalf of Schepisi & McLaughlin, P.A.<![CDATA[4 tips for explaining your divorce to the kids]]>https://www.schepisi.com/?p=495702026-06-18T19:36:14Z2026-06-18T19:36:14ZDeciding to divorce while your children are still minors is likely something you have heavily debated. Now that the decision is made, you’ll need to give some thought to how best to tell them what is happening. While every family is unique, the following tips should help you break the news.
1. Spare them the details
Your children do not need to know why you are divorcing -- they just need to know that you are. It’s typically best to keep the reasons private from them, since adult subjects should remain between adults. Do not "bad-mouth" their other parent, regardless of the facts.
2. Start simply
Don’t try to tell the kids everything at once -- especially if you do not yet have the answers about where everybody will live and what life will be like after the divorce. The news that you are divorcing is so huge that they probably won’t hear anything you say immediately afterwards anyway.
3. Address their fears
What your children really need to know is how this decision will affect them. How will their lives change, and how will they stay the same? It’s important to tell them that you will both still love them and that they’ll still get to see a lot of both of you (in most cases, at least). If you intend for them to continue at the same school or keep living in the same house, let them know.At the same time, it’s important to reassure the children that they did not cause or contribute to you divorcing. Kids can have a vivid and random imagination and often decide that something they did somehow caused the breakdown of their parents' marriage.
4. Time it carefully
The news of your divorce is always going to upset them, so just find a moment when they have time to cry their eyes out, then recover somewhat before they need to do anything important. So, not the night before they head off to summer camp or as you drive them to school. If you have more than one child, try to tell them together.While it is important not to hold off too long before telling them, you might want legal guidance first, so you can better answer some of the questions you and they might have.]]>On 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.]]>