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 In a recent unpublished Appellate Division decision, we briefed the issue of whether the plain meaning of the terms of a settlement agreement should be strictly construed.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…
Many parties today want to attend mediation in an attempt to be cost effective in their divorce. This makes sense, and meditation is often a successful tool utilized to reach an amicable resolution. At the conclusion of a mediation, many mediators will draft a Memorandum of Understanding, reflecting the terms discussed. Following receipt of the…
In Stamberg v Stamberg, the Plaintiff Husband sought a reduction in alimony payments based on the change of circumstances presented by a medical condition which caused him to lose his employment. In submitting his financial information to the court, Husband included his social security income, his disability payments, and his pension payments. Defendant Wife sought…
For many divorcing couples, particularly those who own or have an interest in a closely held family business, cash very often reigns supreme. Often times access to cash, particularly by way of a business, serves to supplement, or enhance a couple’s marital lifestyle far beyond that which may be classified as reported income for income…
In order for a Court to hear a matter, it must have both subject matter jurisdiction over the issue and personal jurisdiction over the persons involved. The United States Supreme Court has ruled that subject matter jurisdiction “cannot be forfeited or waived and should be considered when fairly in doubt.” Ashcroft v. Iqbal, 556 U.S.…
It is sometimes said that ignorance is bliss. On occasion, it can be easier to stick our heads in the sand and ignore our surroundings rather than to acknowledge and face the inevitable. In the context of ignoring notices from the Court, this is not the best legal strategy. In the recent unpublished Appellate Division…
The length of a marriage, for purposes of alimony and equitable distribution, is often measured by utilizing the date of marriage and the date a Complaint for Divorce is filed. In some cases, parties choose to enter into a cut-off agreement rather than file a Complaint for Divorce. That will also serve as an end…
In order to protect a victim’s safety in the face of domestic violence, it is sometimes necessary to obtain a Temporary Restraining Order. After a Temporary Restraining Order is issued, the Court is to schedule a trial to determine if a Final Restraining Order should be entered in accordance with Silver v. Silver, 387 N.J.…
The term “stalking” carries a connotation of someone following us down the street, peeking out from the bushes, and peering in our windows. However, in today’s world of technology, a person doesn’t need to be present to be a stalker. In the recent decision, E.D.B. v. D.S., the Appellate Division affirmed the trial court’s determination…
New Jersey’s rule governing venue in family court matters, R. 5:7-1, has, until recently been a much overlooked, pro forma, check of the proverbial box when filing a client’s Complaint for Divorce. The overwhelming majority of the time, venue never arises as a “issue” in a matrimonial proceeding, as the Complaint for Divorce is filed…
