Cohabitation in NJ and NY – What you need to know before filing a Cohabitation motion.

Over the past several years we have conducted hundreds of cohabitation investigations for clients. We thought it would be useful to discuss the most asked questions and the most common mistakes made by individuals trying to modify or eliminate their alimony. Here is the first installment of “What you need to know before filing a Cohabitation motion”.

Some of The Most Asked Questions:

Should I speak to a Family Law attorney about my case first or should I hire an investigator to start the process? First consulting with an attorney is not a bad idea, but traditionally attorneys like to review the evidence before making a recommendation to file cohabitation motion. To be successful in filling cohabitation you will be required produce rock solid evidence, no matter what stage of the process you are in. Producing convincing evidence of cohabitation before consulting an attorney could potentially reduce hourly fees and expedite the filing process.

What will I need to show to the court to win my case? In 2014 the New Jersey Alimony Reform Act changed the factors the courts use to define Cohabitation. The eight factors New Jersey courts use to determine Cohabitation are:

* Comingled finances

* Shared living expenses

* Couple is recognized in the community, family and social circles

* Frequency of living together and combined contact

* Cohabitant shares household chores

* Alimony recipient has received a promise of support from another individual

* Length of the relationship

* Any additional other evidence that is relevant

The Reform Act also stated that the plaintiff did not have to prove all eight factors, a judge could make a ruling if only one of the above factors were established. That being said, you need to establish as many factors as possible to increase your likelihood of success. In most cases, establishing the couple is spending a majority of their time together or living together.

How long do I need to demonstrate that Cohabitation is taking place? Every case is different, and every case has unique set of circumstances (you are going to hear a lot of that moving forward). From our experience the court traditionally would like to see cohabitation documented for a minimum time period of one month.

Click Here For A Sample Cohabitation Report

Check back with us to over the next couple of weeks for the next installment of: What you need to know before filing a Cohabitation motion. If you have questions or concerns involving cohabitation or Family Law investigations please contact us at (862) 437-1064 or at tgray@capinvestigations.net.

Over the past several years Capital Investigation has been an industry leader in conducting cohabitation investigations in New Jersey. We have a comprehensive approach to investigate and document. After being retained we have one goal: obtain a prima facia ruling for our client with ROCK SOLID evidence leading to a favorable resolution.

Anatomy of A Successful Cohabitation Investigation:

Experience has proven us, in order to have a successful cohabitation investigation must contain following three components:

Research:

We have clients complete a complete a thorough questionnaire to identify as much information on the ex-spouse and paramour as possible. A successful investigation hinges on identifying:

• Known vehicles driven by ex-spouse and paramour
• Social media accounts
• Pictures, names and ages of children of both ex-spouse and paramour
• Current parenting time (when applicable)
• Vacation/holiday Schedule

Obtaining as much information as possible on both ex-spouse and paramour enables our analysts and investigators to later identify behavior that supports cohabitation, often uncovering evidence that was previously unknown to the client.

Document –Time Lapse Video Cameras (TLV Camera)

The most effective component of a cohabitation investigation is deploying a covert time-lapse video camera outside the ex-spouse’s residence, in a public area, to document activity on a 24/7 basis. We are able to document:

• Every day the ex-spouse and paramour are together, including overnights
• Times that children are present
• Holiday, family events and birthdays
• Household chores

The TLVC camera provides 24-hour a day coverage, making it impossible for the ex-spouse or paramour to refute the amount of time they stay at the residence.

The Report

Obtaining irrefutable evidence is one only part of a great cohabitation investigation. Presenting the evidence in a clear and detailed narrative is what provides our clients the basis for a prima facia ruling and leverage in future proceedings. Our Cohabitation Investigation reports:

• Are usually over 150 pages in length
• Professionally printed and bound with four-color photos
• Social media screenshots of the couple
• Details of every relevant event in the investigation
• Vehicle registrations of ex-spouses and the cohabitant

The Report

Obtaining irrefutable evidence is one only part of a great cohabitation investigation. Presenting the evidence in a clear and detailed narrative is what provides our clients the basis for a prima facia ruling and leverage in future proceedings. Our Cohabitation Investigation reports:

• Are usually over 150 pages in length
• Professionally printed and bound with four-color photos
• Social media screenshots of the couple
• Details of every relevant event in the investigation
• Vehicle registrations of ex-spouses and the cohabitant
• CLICK HERE FOR A SAMPLE REPORT 

If you are contemplating filing a cohabitation motion, you only have one chance to get it right. Make sure that you have the best strategy and the best team in place to have success. 

Recently clients have approached us concerned or even convinced that an ex-spouse or boyfriend has deployed spyware on their phones or mobile devises. For those who are not aware, spyware is software that is secretly installed on a cell phone or mobile device. It gives an individual the ability to monitor the present location, all calls, texts, pictures of the device. Some spyware gives an individual the ability to manipulate the microphone function, thus turning the mobile device into a listening device. Mobile device spyware can be easily obtained online, the software is not sold as spyware. Spyware is most often marketed as a tool for parents to monitor and protect their children from online threats.      

When we individuals approach us with a potential case of spyware on a mobile device, our first step is to investigate the circumstances and conditions that caused the suspicion of spyware. Several times, the suspicions can be attributed to; not changing a password to a shared iCloud account, elevated stress level or just coincidence. A considerable number of other times the client’s suspicions were warranted, and spyware was identified.

Where to go and What to do?

It has been our experience, when individuals first suspect that they are being monitored, they first consult their attorneys, or search Google on how to prove or disprove they are being monitored. Through no fault of their own most attorneys or advisors don’t’ know the technical aspects of mobile device spyware or what advice to give. Google search results will provide online products that are self-administered, or service providers that require the owner to be without mobile device for at least three days. Not great options. Also, the longer delay in acting, is the longer the owner of the infected device is being monitored.

Quickest Solution to Detect Spyware on Mobile Devices

Capital Investigations has opened a mobile device spyware detection center in our offices, we can scan a client’s device for spyware and produce a comprehensive report with its findings within 90 minutes. Clients can make an appointment with us, drop off their mobile device(s) and pick them up in the same amount of time to have cup of coffee. Benefits Include:

Immediate Results

IOS or Android Scans

Comprehensive Scan Report

Reveals Spyware Designed to Be Hidden

Document Clean or Infected Device

Deleted Data Recovery

Please let us know if you have any questions concerning spyware, if you would like to make an appointment or discuss a certain case please contact us at (862) 437-1064.

20% Off If Referred By Attorney: Promo Code- ATTY20

Most individuals who are divorced, and would like to file a cohabitation motion in a family law case know, proving cohabitation can be a difficult. Capital Investigations provides clients with cutting edge technology, social media investigations and traditional surveillance to obtain the evidence they need to demonstrate cohabitation.

Capital Investigations can deploy a static cameras at a fixed location to document the activity at a residence, our clients get 24/7 coverage for a fraction of the cost of traditional surveillance.

Our success rate in obtaining modified or eliminated alimony is unparalleled. Capital Investigations cohabitation investigations incorporate three strategies to ensure
that every available piece of evidence is documented presented to help you win your case:

A covert state of the art static camera is deployed in a public area outside the
residence to document domestic activity on a 24/7 basis.
Expert Social Media Investigation to establish an existing relationship in
family and social settings.
Additional external surveillance to identify supporting behavior outside the
residence.

Benefits of Our Cohabitation Investigations:
Cohabitation Experts
Paralleled Success Rate
Flat Rate Pricing
Professional Color Reports

Click Here For A Sample Report

Contact us know if we can assist you further in any way..

Tim Gray
Capital Investigations
www.capinvestigations.net
(862) 437-1064

Lately clients have approached us concerned or certain that an ex-spouse or boyfriend has enacted spywear on their phones, mobile devises or deployed listening devices inside their car or home. After closely investigating the circumstances that caused the suspicions of spyware, a good number of the cases can be attributed to the clients elevated stress level or coincidences but in several cases their suspicions are warranted.

It has been our experience, sometimes individuals ask their attorneys or trusted advisors what can be done to prove their suspicions. Through no fault of their own most individuals don’t’ know where to turn or what advice to give. To address these situations, we have developed a TSCM (Technical Surveillance Countermeasure) checklist . The checklist is a tool where people who suspect spyware can begin to develop a profile of all of their computers, laptops and mobile devices. When thoroughly completed  the check list will also identify potential vulnerabilities with tire passwords and inside their residence and car. Additionally filling out the check list it will provide an investigator or TSCM specialist a blueprint to develop a strategy that will identify and document spyware and listening devises. Providing investigators and TSCM specialists with all of your information upfront will also save you time and money.   

Isolating where your venerability’s are is the first step in confirming the truth.

Most importantly completing the check list is the first step in confirming or denying the suspicions that you might have. Phones and mobile devices can usually be brought to our diagnostic lab to be swept for spyware or arrangements  made for an in house appointment.   Please feel free to use the checklist as a resource and let us know if you have any questions or if we can assist you further in any way. You can reach Capital Investigations at (862) 437-1064 and our offices are located in Cedar Knolls New Jersey.  

Finding yourself in the dark when it comes to private investigators? Like any industry, there are big differences between companies and knowing which one to choose sometimes merits its own investigation.

But, how do you determine which private investigator is skilled and ethical? After all, an incompetent investigator can become more of a liability to your case, and you don’t want someone creating more trouble for you.

So, how can you tell if the company you hired is a legitimate investigative company?

Do Your Research

Have there been complaints against the firm? Is the investigative company regulated? Contact your state board to learn these details. Or contact the Better Business Bureau to see if past complaints have been filed. Of course, the quickest resource to review any negative hearsay or bad practices is by seeking out online reviews.  Then, compare the pros and cons of your company choices. Which services line up with what you need for your case? The services featured immediately on their website will most likely be their specialties.

Trial History

Has the company ever been utilized for testimony or witness statements during a trial? A truly reputable company should be able to provide resources to attorneys that allows them to be both visible and a resource throughout their case. This requires the company to provide reliable (and legal) information on the resources they recovered, a clear tracking system of their investigation, along with all steps taken, in case their methods are called into question, and of course useful information that the attorney can use during the case.

Show Up

Sometimes the best way to get to know your investigative company is by visiting their office. Take an honest assessment – how does the space look? Is it clean and professional? When you chat with an investigator, do they sound experienced and ready to take on your case with strong focus and professionalism? You’ll want to make sure the company is willing and able to take on your case with the specific care required.

As with most choices in life, your gut instinct will tell you best if you have made the proper hiring decision. It is important to feel confident in who you hire and to be certain that the company will aid your efforts, not hinder them. At Capital Investigations, we understand the details, the confidentiality, and the trust required for each and every case. Don’t be afraid to ask questions and be certain in your decision. We are always willing to help you find the help you need.

When an individual contemplates divorce, usually after considering the emotional impact on the children and themselves, they most often think next about how their lifestyle will be affected. What can be expected financially after the divorce?  How will my way of life need to change?

In some instances, one spouse is in control of the finances (usually the breadwinner) and the other spouse is willingly or unwillingly kept in the dark about the couple’s actual net worth. Besides for a couple of checking accounts, the non-breadwinning spouse doesn’t have a full grasp of where their assets are being held, or what their current net worth is.

The truth is, if one spouse is contemplating divorce most likely the other is as well. In numerous cases, if the financial breadwinner has been considering divorce they have already been moving finances to other accounts to preserve as much of the assets for themselves.

Protect yourself by being proactive.  Start monitoring the hard copy and electronic mail; look through documents or any bank or brokerage statements. If you think opening statement envelopes or financial emails might arouse suspicion take a picture of the envelope or email to document the financial institution.

Another strategy, if you have permissible use is to perform a confidential asset search on the individual to locate any unknown bank, brokerage or physical assets. Performing an asset check will also reveal closed accounts that can potentially reveal a financial paper trail to the current location of the assets. If you have any questions about the process of verifying the net worth of a potential ex-spouse please contact Capital Investigations (862) 437-1064.

There are only twenty-four hours in a day, yet we’ve noticed that many attorneys have an uncanny ability to add five more when the need arises. Despite this hidden superpower, there are limits to what attorneys are able (or within their skillset) to complete on their own.

When it comes to winning a case, we understand that can translate to ‘by any legal means necessary.’ And for those tasks you’d rather not do, there is a solid resource available in the form of a private investigator. So, when you find yourself waist-deep in manila folders, remember that help is there to:

1.     Locate People

Having trouble nailing down that elusive individual who you need to serve? Or perhaps you just don’t have the time or resources to track down that person with the golden ticket testimony? Private investigators live to find what you need. Allocate your time and let a professional handle the chasing. It will save your sanity in the end.

2.     Locate Assets

You know – if there’s a need to hide assets to avoid losing them -individuals will try anything. Luckily, private investigators like to stay one step ahead and make it a personal mission to find what needs to be found. That includes anything from bank and brokerage accounts (when permissible) assets to collectibles, watercraft and vehicles. When you need to do some digging – hire the person with the best shovel.

3.     Connect the Dots

Can you sense a hidden trail behind your case, but you just can’t seem to piece it together? A private investigator will not only find that trail – but leave a heaping pile of breadcrumbs for you to follow. Whether it’s finding the identities of key people or uncovering hidden connections for people of interest, a private investigator will find it.

4.     Observe Individuals Activity

History has a way of repeating itself. If the person or people you’re dealing with in a case have a history of disappearing or being dishonest, an investigator can help you stay one step ahead. It’s always a good idea to have an investigator that use the latest technology to perform surveillance to document an individual’s behavior.

5.     Collect and Review Electronic Evidence

Sure, some slick individual may have hit the “delete” button – heck, maybe they even emptied their recycle bin or deleted browser history. But for a private investigator, that doesn’t mean much. When it comes to finding electronic evidence, investigators have the resources, the skills, and just the general know-how of finding what you need, despite most people’s best efforts.

Asking for help on a case, especially for seasoned professionals, can take effort. We understand completely. However, we recommend not discounting the value it can add. Not only will an investigator help with your time management, but they might also provide a much-needed break for you. If you’re ready to delegate some of those tasks, let us know. We’re always willing to discuss your best options.

Capital Investigations has conducted many child support payment and alimony investigations over the past number of years and variably all of the cases start with the same narrative. Clients express frustration and outrage at their ex-spouse because they claim that they can’t pay child support or alimony due to the fact they don’t have the funds or not employed. The client usually has anecdotal evidence or evidence that would support the contrary. In New Jersey there are a variety ways to enforce the payment of child support. As private investigators we assume that our client’s suspicions are true and it is our job to provide evidence to document their suspicions.

The three most popular searches to identify and document funds or income for child support or alimony payments:

Employment Search– An employment searches are conducted a number of ways, employment can be confirmed through access of proprietary credit and financial databases or through surveillance. If the ex-spouse works as a 1099 it might be needed to incorporate both methods to obtain the results you require for court.

Bank and Brokerage Account Searches– If an ex-spouse is in arrears of child support in New Jersey the parent can perform a bank or brokerage search to identify undisclosed or hidden accounts. If you are able to identify accounts in the ex-spouse’s name or social security number you can petition the court to levy the account and turn the funds to you. Bank or brokerage account searches can be performed on a state or nationwide basis.

Surveillance– I an ex-spouse is self-employed or works in the trades payments are usually more sporadic or sometimes “under the table” making it difficult to document. Following an ex-spouse and documenting the job(s) they are performing on a daily basis can provide evidence of an income or a level of income.

Each child support or alimony payment investigations is unique and require different strategies. If you or you know someone that is owed child support or alimony and would like more information how they can get proof, call Capital Investigations (862) 437-1064 or admin@capinvestigations.net

We are always puzzled when we speak to an individual located in New Jersey who purchased online background checks. Almost every report has have found that the subject to have no criminal past and a spotless driving record. Our frustration is not directed at the consumer, it is directed at the online companies that claim that they have access to information the consumer does not.  Every online background reports use a combination of public records that are inconsistent to say the least. Consumers are relying on information contained in the report to pursue a certain relationship, employ an individual or verify if an individual has been truthful or is hiding information. The decision made from incomplete information could potentially impact the consumer’s future wellbeing, safety or finances. The potential impact becomes more crucial when children are involved. Here are just a few (to many to list) claims made by online background check providers that are not accurate.

1)      National Background Check- There is no such thing as a national background check! Every state and every county courthouse has different criteria on what infractions are reported and what would be public record. To perform a complete national background check the provider would have to be wired into every county court house in the United States. No background check provider currently has that capability.

2)      Reporting Arrests. For example if an individual has been arrested for domestic violence a number of times and has never been convicted, it will never be reported.

3)      Driving Records- You will not receive any diving records or abstracts. 90% of states driving records or abstracts are not available through public access.

If online background checks in New Jersey are so woefully inept why do so many people purchase them?

It reminds me of the joke “if it is on the internet it must be true”, unfortunately there are consumers who just don’t know the facts regarding online background checks.  When consumers wants peace of mind and verify a person is the person they are claiming to be, consumers will use the first and most affordable product to calm their fears. Regrettably the online background check providers are going to report that information almost every time. If you know someone in New Jersey that would like to know more how to conduct a thorough New Jersey background check, please call us at (862) 437-1064.