Celebrate Wisely

The Darling Law Firm wishes you a Happy New Year! We would like to remind you to celebrate responsibly tonight. If you are driving, there will be others on the road who may have been celebrating less responsibly than you so please drive defensively. Also, remember that it only takes 2 drinks to put you over the legal limit in New Jersey and the police will be looking for those who may be driving under the influence tonight. Although you may stop drinking after the champagne toast at midnight, your blood alcohol level (BAC) only decreases by only .015% per hour while one standard drink, defined as one 12-ounce beer, one five-ounce glass of wine, and one 1.5-ounce shot of distilled spirits, will add .05% to your BAC each hour. This means that it will take much longer for your BAC to decrease than to increase. As it is difficult to tell when you have had too many, driving after consuming alcohol should be avoided. Please be safe so that you and your loved ones can enjoy a Happy New Year! DarlingFirm.com

Child Support Arrears Effect Income Tax Deductions

Although child support arrears are do not result in a prohibition of a parent enjoying visitation or parenting time with their child, child support arrears can result in suspension of a parent's right to claim a child as a child support deduction. In Zeitlin v. Zeitlin, the New Jersey Family part refused to modify the property settlement agreement to the extent that each parent was entitled to claim one child as an exemption on their income tax returns. However, on appeal, the N.J. Appellate Division held that a parent's failure to pay child support breached their duty of good faith and fair dealing and could result in the suspension of that parent's right to claim a child as an income tax deduction. Based on the notion of good faith and fair dealing, the court suspended the father's right, under the property settlement agreement, to claim one of the children as a tax exemption. The decisions made in divorce, by either the parties or the court in the event of trial, are long lasting and have significant consequences to both parties' and their children. If you are considering divorce or seeking a modification of your present child support, it is critical that you discuss your situation with an experienced divorce attorney before taking action. For more information about child support, custody, divorce, parenting time, visitation, alimony or other family law matters in NJ visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.