One of the most complicated aspects of divorce litigation is the valuation and distribution of a business in the context of equitable distribution. This is an issue that has doubled in complexity since the advent of the COVID-19 pandemic. Imagine an ongoing divorce proceeding in which one of the parties is a business owner. The…
Do Sperm Donors Have Parental Rights? Fact or Fiction: Whoever’s name is on the birth certificate is the legal parent of that child, regardless if that person is genetically related to the child or not. FICTION. While parentage laws vary from state to state, in New Jersey, biology is the strongest determinate of legal parentage.…
How does overtime pay factor into child support? The Appellate Division just answered this decision in Ferrer v. Colon; a child support matter where both parents were police officers that typically earned a base salary, overtime pay, and income from second jobs. The case was approved for publication on June 9, 2020, meaning that it…
A common issue that arises when calculating child support is when a party has a child from a different relationship and how that factors into a given child support award. Within this basic scenario, there are three general avenues to which child support would potentially be adjusted (this list is not exhaustive): 1. One party…
On May 5, 2020, the Appellate Division in Gormley v. Gormley concluded that when the Social Security Administration (“SSA”) has determined that if a party is permanently disabled, a presumption of disability is established and the burden shifts to the opposing party to refute that presumption. In other words, when the SSA declares you an…
In a case of first impression, the Appellate Division recently addressed how to define a “dating relationship” under the Prevention of Domestic Violence Act (the Act) in today’s day and age. While it may not be surprising to those currently on the dating scene, the Appellate Division held that the exchange of countless (nearly 1300)…
On April 28, 2020, the Appellate Division issued a publish opinion that can only be described as a cautionary tale for any counsel seeking to represent a client on a matter to which that counsel does not have sufficient experience or expertise. The Appellate Division addressed this issue in the contested adoption case: In the…
Now that we are six weeks or so into this quarantine, there is no question that as the days blend from one to the next we have figured out our own ways to break up the monotony and get through this. As many video calls with friends and family as possible (oftentimes with drinks in…
The Appellate Division’s recently published (precedential) decision in Amzler v. Amzler provided much needed clarity on a question of first impression regarding early retirement and related applications to modify or terminate alimony obligations established prior to the 2014 amendments to our alimony statute. Specifically, the Appellate Division was presented with the question of whether N.J.S.A.…
We are certainly living in troubled times. The existence of the COVID-19 pandemic is affecting every aspect of life as we are practicing self-quarantine, social distancing and basically an overall disruption to every aspect of existence. That being said, time marches on. This includes the wheels of justice—notoriously slow under normal circumstances but even slower…