While any divorce is undesirable and stressful, high-dollar divorces are even worse, as they become invariably more complicated, drawn-out, and contentious. With so many assets and properties on the line, it is inevitable for both parties to lash out in an effort to secure what is rightfully theirs. This is a situation our Livingston divorce…
In the recent published decision, E.S. v. H.A., the Appellate Division struck down a trial court’s prohibition on a father’s reunification therapy until he “admitted wrongdoing.” E.S. involved a highly contentious custody battle between two parents and their now 13-year old son, “Richard”. At the heart of that battle was the plaintiff-mother E.S.’s allegation that…
While dependency, visitation, and other family related issues should be the most important ones, invariably the financial aspects take over. We see disagreements on everything. In many cases, the financial minutia of the dissolving marriage may be examined in the form of a Lifestyle Analysis, but is it really necessary and does the cost justify…
Last month New Jersey Courts approved what would prove to be a precedential decision and a rubric for Judges asked to decide the issue of a minor, transgender child seeking to change their name. In the matter of Sacklow v. Betts, Plaintiff, mother, the custodial parent of a transgendered child, sought, on her child’s behalf,…
Imagining your daughter or son driving is already a very scary thought for most parents, but, even worse, is your child driving without any sort of car insurance as well. As such, it is important to negotiate that you and your soon-to-be ex will split any and all costs relating to child’s car insurance in…
In Atwell v. Atwell, the Appellate Division addressed the trial court’s obligation to consider pendente lite support paid by an obligor spouse in awarding limited duration alimony pursuant to the recently revised alimony statute, N.J.S.A. 2A:34-23. Defendant husband appealed the trial judge’s award of five (5) years of limited duration alimony commencing from the entry…
In the recent unpublished decision of A.E.C. v. J.T., the Appellate Division confirmed that the separation of the parties following the entry of a Temporary Restraining Order (“TRO”) should not be a dispositive factor for the court in determining whether or not to award permanent restraints. Plaintiff A.E.C. appealed the trial court’s denial of a…
In Deegan v. Deegan, 254 N.J. Super. 350 (App. Div. 1992), the Appellate Division answered “maybe”, finding that where a former spouse seeks to terminate alimony based upon a voluntary early retirement, closer scrutiny is required. Specifically, the trial court must evaluate the age and health of the retiring spouse, the timing and motive behind…
In the landmark case of Tannen v. Tannen, 416 N.J. Super. 248 (App. Div. 2010), the Appellate Division conclusively determined (as upheld by the Supreme Court, see 208 N.J. 409 (2011)) that a divorcing spouse could not be imputed income based upon their interest in a discretionary trust for the purpose of calculating support obligations.…
The question of what to do where a supporting spouse loses his employment and obtains a new position at a significantly lower salary has long troubled our State’s judiciary. In Mills v. Mills, the Chancery Division of Ocean County attempted to provide a more clear-cut analysis for family courts to follow in the wake of…
You just got in a car accident. You have been out of work for three months and you have thousands of dollars in hospital and medical bills. You’ve met with numerous personal injury attorneys that have already informed you that you can expect an award of over $150,000. You also want a divorce from your…
Sure, inheritances during a divorce are exempt from equitable distribution (as long as you follow certain rules such as not commingling said funds with marital monies); however, you probably did not know that they are not entirely exempt when it comes to purposes surrounding your child support and alimony issues. In Penza v. Penza, the…
Our State’s Appellate Division recently held that where divorcing parties regularly saved a portion of their earnings during the marriage, that same should be considered as part of the “marital lifestyle” when determining alimony (support) awards. In Lombardi v. Lombardi, the Court addressed a situation where the parties, despite Husband’s significant income, lived a relatively…
The July 2016 decision of Avelino-Catabran v. Catabran, 445 N.J. Super. 574 (App. Div. 2016) proved to be another precedential decision in the body of New Jersey college contribution cases. Specifically, Avelino-Catabran served to raise the level of consciousness for family law attorneys and clients alike, relative to the clear, plain language of litigant’s matrimonial…
It is well-established that the accumulation of reasonable savings should be included in alimony to protect the supported spouse against the loss of alimony. In short, savings has always been a relevant and appropriate factor to be considered in the establishment of a reasonable alimony award because the amount of support awarded is subject to…
Despite New Jersey’s Parenting Coordination Pilot Program having ceased in 2012, the need (and value) of parent coordinators has by no means diminished. Increasingly flooded judicial calendars make careful case management, particularly of high conflict cases, a near impossibility. However, a lack of understanding in the scope, nature and breadth of a parent coordinators duties…
