Family Law

• Divorce
  My practice operates statewide in the areas of uncontested and contested divorce. I have been admitted to the New Jersey Bar for more than 20 years, and in that time I have acquired courtroom-tested, real world experience handling contested and uncontested divorce cases.
• Child Support
  The amount and duration of child support in New Jersey is governed by state law, and is based on the parent’s incomes. The actual calculation of income is straightforward in many cases. However, there are numerous situations in which the income numbers are adjusted. There is an adjustment for health care expenses paid. There is an adjustment for childcare expenses paid. There is an adjustment depending on the number of days of visitation (overnights) that the non-custodial parent exercises. There is an adjustment for split custody. There is an adjustment for the age of the child. There are adjustments made for other children of the parent’s relationship and children from their subsequent relationships. There is also an adjustment for children in college. Most of these adjustments are factored into the New Jersey Child Support worksheet. Other adjustments (such as child support to be paid during college) have to be calculated or negotiated outside of the worksheet. As you can see, what may appear to be a simple calculation can actually require multiple adjustments to arrive at the proper child support number.
• Child Custody and Visitation
  If the parents cannot agree on a custody and visitation plan, the court will decide who gets custody. The court’s decision will be based on what is in the “best interests” of the children. The court considers a variety of factors in making its “best interests” determination, including which home will best serve the child’s educational needs and interests. Contrary to what you may have heard, there is no legal presumption that one gender is better suited to have custody.
• Adoption
• Guardianship
  An evaluation of a child’s best interests is relevant to nearly all legal issue regarding children, including custody, visitation, guardianship, and adoption. Although there is no precise meaning of this phrase, New Jersey courts will look at specific enumerated factors in making family law decisions involving children, particularly when it comes to custody decisions.
• Spousal Support
  Sometimes one spouse is entitled to receive alimony from the other spouse when a couple gets divorced. There are several kinds of alimony in New Jersey. Courts will examine the circumstances to decide whether or not to award alimony, which type of alimony to award, how much to award, and the length of time that alimony needs to be paid. Types of alimony include: spousal support during the divorce to maintain the financial status quo; limited duration alimony for lower-earning spouses to help them after the divorce for a limited period of time, and longer term open durational alimony to cover financial need when the spouses were married for a longer period of years. The court can also award rehabilitative alimony to get a spouse back on their feet, and reimbursement alimony to compensate a spouse who supported the other spouse through higher education and believed that they would enjoy the consequences of that higher education. Upon a divorce, the court can order some combination of these different types of alimony. Property Division
• Legal Separation
  A divorce in Bergen County or elsewhere in New Jersey can be challenging for the whole family. The decisions made during a divorce have an impact that can last for years, and sometimes the repercussions continue over the course of family members' lives. It can be a relief to go through a New Jersey divorce with the help of a capable and experienced family law attorney. Brian D. Iton is a knowledgeable Hackensack divorce lawyer with more than 20 years of experience. He provides representation to people going through divorce. He also handles issues such as alimony, child custody, child support, equitable distribution, and legal separation.
• Child Abuse
  All complaints or motions involving a custody or parenting time issue shall be screened to determine whether the issue is genuine and substantial, and if such a determination is made, the matter shall be referred to mediation for resolution in the child's best interests. However, no matter shall be referred to mediation if there is in effect a preliminary or final order of domestic violence entered pursuant to the Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17 et seq.). In matters involving domestic violence in which no order has been entered or in cases involving child abuse or sexual abuse, the custody or parenting time issues shall be referred to mediation provided that the issues of domestic violence, child abuse or sexual abuse shall not be mediated in the custody mediation process. The mediator or either party may petition the court for removal of the case from mediation based upon a determination of good cause. 2.- Conduct of Mediation

Criminal Law

• Sex Crimes
  New Jersey enacted the Prevention of Domestic Violence Act in 1991 to address the specialized needs of people suffering from abuse by members of their family or household. Specifically, the Act protects individuals aged 18 and older and emancipated minors who have been subjected to domestic violence by a spouse or ex-spouse, or member of their household, as well as individuals of all ages who have been subjected to domestic violence by a dating partner or former dating partner, or by the parent of their child or unborn child. Acts of domestic violence may include assault, harassment, stalking, criminal trespass, terroristic threats, kidnapping, burglary, sexual assault, criminal sexual contact, lewdness, false imprisonment, criminal restraint, and homicide.
• Fraud
  Examples of the first situation would be cases in which one spouse’s misconduct results in the dissipation of marital funds, such as through gambling, engaging in fraudulent financial dealings, hiding assets, using marital assets to support an extramarital affair, committing tax fraud, or intentionally destroying marital property. In these cases, since the misconduct of one spouse directly affects the couple’s overall economic situation, the court may take into consideration the behavior of the malfeasant spouse in deciding whether or not to award that spouse alimony, and the length and amount of alimony to be awarded.
• Burglary
• Assault
• Murder
  The second situation involves seriously egregious misconduct that “shocks the conscience,” such that it would be manifestly unjust to award the malfeasant spouse any alimony. Although the limits of this standard have not been defined by caselaw, the New Jersey Supreme Court, in acknowledging such an exception to the general rule, cited hypothetical situations in which one spouse attempted to murder the other spouse or transmitted a “loathsome disease” to the other. Discuss Your Alimony Matter With a Bergen County Lawyer
• Homicide
• Restraining Order
  New Jersey law allows a victim of domestic violence the right to file a criminal complaint as well as initiate civil proceedings for a temporary or permanent restraining order. The restraining order issued by the court will vary with the specific facts of each situation, and it may provide for restraints against contact between the parties and address any financial and parenting matters. A finding of domestic violence by the court may prevent the defendant from entering the parties’ residence or having contact with his or her children, at least temporarily.
• Kidnapping

Immigration Law

• Citizenship and Naturalization

Finance Law

• Tax Law
  Finally, it is important to be aware that, if one party owes both child support and alimony but fails to pay both obligations in full, tax law construes any payments to first satisfy the child support obligation, and alimony secondarily. Since child support payments are not tax deductible or reportable as income, this means that a failure to pay the full amount reduces the amount that the payor may deduct from income, as well as the income the payee must report. Contact an Alimony Lawyer in Bergen County