In today’s mobile and technologically advanced society, it is becoming more common for parents to live in different states from each other. When that happens, however, and a custody/parenting time dispute arises, in what court and what state should the dispute be addressed? While the law is designed to simplify the answer and ensure that…
Pursuant to N.J.S.A. 2A:17-56.67(a)(1), a child is presumed emancipated at age 19 for purposes of child support, unless a different date is set by the Court. The typical exception is for a child attending college full time, however the date for emancipation shall not extend beyond the child’s 23rd birthday unless there are exceptional circumstances,…
Case of Dever v. Howell If you wish to relocate with your children out of New Jersey, you must follow proper protocol Pursuant to N.J.S.A. 9:2-2, which dictates that a child cannot be removed from the State of New Jersey unless agreed upon by the parties or permitted by Court Order. However, as recently demonstrated…
Family lawyers at this time of year know that with the holiday season comes custody and parenting time disputes. As suggested in my last blog post, getting a jump on these disputes before the midnight hour is the often the best way to proceed. Sometimes, however, it simply cannot be done and the family court…
As lawyers and litigants are often reminded in Family Part matters, New Jersey is an equitable – not equal – distribution state. Not every marital asset, as a result, will be divided 50/50. Instead, trial judges are given broad discretion when called upon to analyze numerous factors under New Jersey’s equitable distribution law in determining…
Believe it or not, the time is here. Summer is no longer in the rearview mirror and Halloween is behind us (although the leftover candy remains). Thanksgiving, Chanukah, Christmas and New Year’s Eve are just around and the corner. Turkeys and pies, gifts, ugly sweaters, holiday music, decorations, parades, and champagne are just some of…
Bobby joins the firm as a partner and he brings with him years of extensive experience handling complex and high-net-worth divorce matters; contentious custody disputes; alimony matters; post-divorce matters (involving modification in support on many cohabitation matters, and down income and retirement matters); pre- and post-nuptial agreements; appeals; college contribution disputes; and domestic violence matters.…
Most family law practitioners have heard the speech many times from judges, usually at an initial Case Management Conference. You know the one: settle, settle, settle. If you don’t settle, some person in a black robe will have to decide important issues about your life and you will probably be unhappy with the result. The…
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…
