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In the recent unpublished decision of A.E.C. v. J.T., the Appellate Division confirmed that the separation of the parties following the entry of a Temporary Restraining Order (“TRO”)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…
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…