When there is a Temporary Restraining Order issued under the predicate act of Harassment, the first issue arises as to what “harassment” is, how it is defined, and practically what constitutes harassment. When someone feels “harassed” by the other party, that does not necessarily fit the legal definition of harassment. Harassment, in part, is defined…
The Supreme Court of New Jersey faced in interesting issue regarding the imputation of income in Caplan v. Caplan, 182 N.J. 250 (2005). In this case, the Father previously had earned seven figures for a number of years. However, he was terminated from his employment and never sought to regain the same income that he…
So what is a post-nuptial agreement? Unlike its pre-marital predecessor, the pre-nuptial agreement, a post-nuptial agreement is drafted after a parties’ marriage, at any time during the marital tenure, and is typically designed to protect individual assets and other rights and entitlements in the event of a divorce. Post-nuptial agreements, while enforceable, are subject to…
In E.S. v. H.A. were parents of a minor child. The parties separated in December 2008 following an contentious series of proceedings, including a domestic violence action. The parties’ marriage ultimately came to a conclusion by way of a consent judgment of divorce entered in September 2009. The only issues which remained open at the…
If you follow child protection law in New Jersey then you know how rare it is for the Appellate Division to publish one of its DCPP decision. DCPP decisions make up a large part of the Appellate Division’s docket due to the high number of indigent parents involved in these cases, their right to appeal,…
Drafting settlement agreements require careful language considerations to ensure that the intent of the parties can be determined based upon a plain reading of the agreement. In a recent unpublished Appellate Division decision, we briefed the issue of whether the plain meaning of the terms of a settlement agreement should be strictly construed. In Fanelli…
Beck v. Beck, 239, NJ Super. 183 (1990), is another helpful case to litigants seeking to modify support obligations for change in circumstances under Lepis. In this post-judgment case, the payor Husband filed a motion to terminate alimony due under Lepis. Husband claimed several factors contributed to his change of circumstances: his declining income as…