New Year, New You, Getting Rid of Your Boo?
Here are the top three Family Law Issues we tend to see to usher in the New Year. My hope is that if you find yourself or a friend in one of these situations, you will know where to go for help and continue accomplishing your New Year goals.
1.Tax Credit
Eligible New Jersey residents can claim a refundable Child Tax Credit on their New Jersey Resident Income Tax Return (Form NJ-1040). For dependent children five years or younger, the credit amount may be up to $500 for each child claimed on Form NJ-1040. The credit can increase your refund and reduce any tax owed.
What is the Child Tax Credit?
The Child Tax Credit is a tax credit that may help you pay for the care of eligible children. The credit is calculated based on your income and a percentage of expenses you incur for the child's care. For 2022 those who got $3,600 per dependent in 2021 for the C.T.C. will get $2,000 for the 2022 tax year if eligible.
Who gets to file the Child Tax Credit?
The person who has the child overnight for most of the year may claim the credit unless other arrangements are made. If you are separated from your spouse or are going through a divorce, this asset is equitably distributed in the divorce.
What if I do not have the child but pay child support?
You may still file for the Child Tax Credit if you are current on all your child support, with permission from the court. The leading case on this is Gwodz v. Gwodz, 234 N.J. Super 56 (1989).
2.Divorce
For many New Jersey residents, closing out one year and moving to the next brings changes. Your “New Year, New You” plan may include everything from a new job, a weight loss plan, or divorce.
Why do divorces happen more frequently in the New Year?
People want a fresh start. There is also something about sharing a Holiday that usually keeps people together until suddenly, being in the cold winter without that spark ignites a divorce. Another strong reason for divorce in the New Year is trouble with finances, usually highlighted after a long Holiday season of spending.
What do I do if I want a divorce?
Filing for divorce requires understanding the entire process and a little finesse for it to go smoothly. I recommend you read up on my blog so you can know what to expect and understand how to get a divorce fast in New Jersey Post-Covid.
3.Domestic Violence (Temporary Restraining Orders)
Understand that domestic violence is cyclical. It is usually a matter of physical, emotional, verbal, and sexual abuse, including but not limited to threats, intimidation, isolation, and/or financial control. During the Holidays, couples or people in a dating relationship tend to go through what we call the "honeymoon phase" in the Cycle of Violence (Tension-building, Acute explosion, and Honeymoon).
After the Holidays, many people in domestic violence relationships go back into the tension-building phase. With the tension in the air and resolutions to start fresh and be free, many people go through domestic violence during this time of year.
What are types of domestic violence?
Domestic violence occurs year-round and even during the holidays. Domestic violence is also a criminal offense and includes:
- Homicide, N.J.S.A. 2C:11-1 et seq.
- Criminal Sexual Contact N.J.S.A. 2C:14-3
- Assault, N.J.S.A. 2C:12-1
- Lewdness, N.J.S.A. 2C:14-4
- Terroristic Threats, N.J.S.A. 2C:12-3
- Robbery N.J.S.A. 2C:15-1
- Stalking N.J.S.A. 2C:12-10
- Criminal Mischief, N.J.S.A. 2C:17-3
- Kidnapping N.J.S.A. 2C:13-1
- Burglary N.J.S.A. 2C:18-2
- Criminal Restraint N.J.S.A. 2C:13-2
- Criminal Trespass N.J.S.A. 2C:18-3
- False Imprisonment N.J.S.A. 2C:13-3
- Contempt N.J.S.A. 2C:29-9b
- Criminal Coercion N.J.S.A. 2C:13-5
- Harassment N.J.S.A. 2C:33-4
- Sexual Assault N.J.S.A. 2C:14-2
- Cyber-Harassement N.J.S.A. 2C:33-4.1
For more information visit the New Jersey State Police Website to understand more about domestic violence in New Jersey and my page about domestic violence with hotline information for free assistance
Newark, NJ Attorney Near You
If you or someone you know want assistance with any of the above topics, or have questions, do not hesitate to contact A.Brown Esq. LLC. at 973-281-2388.