QUESTION

Where should I stand against the 30K compensation proposed to me in view of our community property assets cited below?

Asked on Dec 04th, 2013 on Divorce - New Jersey
More details to this question:
We are located in New Jersey and my spouse (of 18 years) and I are divorcing amiably and since we don't have any real estate (we live in an Apt.) and only one kid (14 years old) we decided to proceed by mean of an agreement which will include a monetary compensation for me since she is the main bread winner. I am 56 years old and my yearly income is about 8 to 12K (Substitute teacher); needless to say that I face employability issues. My spouse is 51 years old; she is a teacher and makes about 53K yearly. We were married in May 1996. The only community property assets consist of her pension plan ( with TEACHER's PENSION and ANNUITY FUND: TPAF) and a retirement account (with TIAA-CREFF). Her TPAF statement of 6/30/2012 states that if she retires at the assumed age of 60, she will collect an estimated monthly allowance of $1,443. For the TIAA-CREFF asset, I am not sure if the balance growth of her portfolio corresponding to our 18 years of Marriage (about $10,000) is to be considered as community property in New JerseyJ? My spouse's attorney submitted to my signature a "Property Settlement Agreement" document with a monetary of $30,000 in a lump sum to settle all property rights. The document, also, has me waive any and all rights of Alimony or maintenance and has her waive and (discharge me) any rights to claim child support. It also states that my spouse will be the only one responsible for medical coverage of our daughter and her post-secondary educational expenses. We don't have any custody issue. I need legal advice regarding the amount of the monetary compensation submitted for my consideration. I can't obviously afford a QDRO nor are they (my spouse and her attorney) suggesting it. My reading of the situation is that her Attorney came up with that number based on his own judgment and the interest of his client. Thank you for your assistance.
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1 ANSWER

Alimony, including Establishment, Modification, Termination, and Enforcement Attorney serving Parsippany, NJ
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In order to properly assess whether to recommend that you enter into the proposed Agreement, a good Divorce attorney would need a lot more information and documentation, and would also need to meet with you. I strongly recommend that you meet as soon as possible with a very experienced lawyer who devotes his/her practice to New Jersey Divorce and Family Law matters, go over your situation in detail, get educated answers to your questions, and obtain expert guidance as to the best course of action. In my opinion, it will be well worth the cost of the meeting. I head a law firm that devotes its practice exclusively to New Jersey Family Law matters.  It's all we do. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information. I do not know where you live.  My offices are in Morristown.  I would be happy to meet with you.  Please call 973-455-1220, if you want to set up a meeting. David F. Salvaggio, Esq.     
Answered on Dec 05th, 2013 at 8:40 PM

SALVAGGIO LAW GROUP LLC (877) 355-5281 www.salvaggiolaw.net This answer is not intended to be legal advice. Please consult an attorney.

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