Our client, Hank – the names within this blog have been changed to maintain client privacy – was accused of abusing his seven-year-old daughter, Caroline. As he explained to the Division of Child Protection and Permanency (DCF), Caroline was throwing a wild tantrum when he grabbed her arms to try to stop her from throwing…
According to the Appellate Division, there is no difference between “living with someone” and “cohabitation”, despite one individual’s attempt to distinguish the two. The facts are as follows: after a 20-year marriage, the parties divorced on July 11, 2013. Their Marital Settlement Agreement (hereinafter referred to as “Agreement”) required Defendant (hereinafter referred to as “Rob”)…
In 2016, the New Jersey Supreme Court addressed the important issue of grandparent/sibling visitation in Major v. Maguire, 224 N.J. 1 (2016). In this matter, one parent of the child passed away and the remaining, living parent cut off the grandparents from the child. The Court initially addressed this issue in Moriarty v. Bradt, which…
You want to dissolve your Final Restraining Order (hereinafter “FRO”). It’s been YEARS since it’s been entered. In fact, you even communicate with the other part and you are confident that he/she no longer “fears” you as they might have once had. You are ready to file a motion to dissolve the FRO, when you…
Although most divorces are usually undesirable and stressful, high-dollar divorces can be an even worse experience. This is because high-dollar divorces often become complicated, drawn-out, and more contentious than traditional divorces. With expensive assets and properties on the line, it is inevitable for former spouses to lash out at one another in an attempt to…
In a recent unpublished decision, the Appellate Division addressed the issue of emancipation and how that relates, in part, to college expenses. In Lichter v. Lichter, 2017 N.J. Super. Unpub. LEXIS 1532 (App. Div. 2017), the Court reviewed a limited record from the trial court to address these issues. The parties entered into a Property…
Paying permanent Alimony? Thinking about retiring? Hoping to terminate alimony as a result? If you said yes to all of the questions above, then you may want to become acquainted with Henneberry v. Henneberry, an unpublished Appellate Division case that was decided this past July 2017. Richard and Barbara were married on February 7, 1970…
Calendar year 2017 brought with it one of the most marked changes in recent history by way of New Jersey’s Supreme Court decision Bisbing v. Bisbing, 230 N.J. 3019 (2017). The Bisbing case overturned nearly seventeen (17) year’s worth of case law, shifting the standard for parents seeking to relocate with a minor child to…
The Courts in New Jersey have made it very clear that issues concerning child support are always reviewable and that child support can be modified upon a showing of a change in circumstances (N.J.S.A. 2A:34-23). Child Support Is the Right of the Child It is further important to note that the Supreme Court of New…
It relatively common knowledge that policemen and firefighters have what can often times prove to be lucrative pensions. In fact, one of the many factors in choosing to enter the police or fire service, particularly in New Jersey, are the benefits of being able to retire relatively early (depending of course upon age, years of…
When dealing with any family law issue, there comes a time when somebody else’s statement or a document not written by a party becomes an issue. These documents are essential to any case and provide insight into the matter. They could be a statement from a witness who overheard or something, or a police report,…
As has been seen on television and in movies, one’s ability to “plead the fifth” is a well-known right stemming from the United States Constitution. The Fifth Amendment of the Constitution, in relevant part states that “No person shall… shall be compelled in any criminal case to be a witness against himself, nor be deprived…
As a result of a new published decision, K.A. and K.I.A. v. J.L., a court found that service by Facebook would be sufficient to confer personal jurisdiction over the defendant. In K.A. and K.I.A. v. J.L., K.A. and K.I.A. were adoptive parents of their son, referred to as “Z.A.” Z.A.’s alleged biological father, J.L., had…
One issue that usually becomes an issue as children get older is the issue of college contribution. This issue will affect those who are in the process of divorcing, those who are already divorced, and those who were never married, but have children together. Ordinary child support, in most circumstances, does not cover the costs…
As of September 1, 2017, major changes were made to R. 5:6-9, which addresses the termination of child support unless certain proofs are provided by the custodial parent, consistent with the recently passed legislation, specifically, N.J.S.A. 2A:17-56.67, et seq. New language was explicitly stating that the rule applies “unless otherwise provided in a court order”…
If an issue arises in a person’s household and an act of domestic violence has occurred, the police should immediately be called. An act of domestic violence does not just mean physical violence, however. In fact, “an act of domestic violence” is a legal term that has been defined by the Prevention of Domestic Violence…
