There is no doubt that Spring is in the air, the days are getting longer, and people are running away from Winter as fast as they can. While shivering at times, I was even on a baseball field this past weekend watching my oldest son’s first tournament of the new season. As a matrimonial attorney,…
Do I still Have to Pay Child Support If My Child Goes to College? After years of paying child support directly to your former spouse, it would not be beyond the realm of reason to believe that you will stop paying the other parent and simply pay for the child’s personal expenses while they are…
Many practitioners agree that there has been no fundamental change in family law with a greater impact on our daily practice than the elimination of the federal tax deduction on a payer’s alimony obligation imposed by the Tax Cuts and Jobs Act of 2017 (hereinafter, the “Act”).[1] One need only consider the vast number…
It is no secret that many people wait until after the holiday season concludes before finally deciding to move on with their lives and commence the divorce process. It is for that reason why January is one of our busiest times of the year, as a result. Whether because of the family and the children,…
A recent decision came down from the Appellate Division, which should remind all parties and attorneys of one important factor: settlement agreements are binding and enforceable, and they must be drafted with the utmost clarity to guide (or prevent) future litigation. Moreover, this should encourage those going through a divorce to review- in detail- their…
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…
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…
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 an illustrative, though unpublished case, Judge L.R. Jones, (ret) addressed head on the unspoken truth about maintaining the marital “status quo” pendente lite. Malek v. Malek featured a typical middle-class divorce quandary: Plaintiff Husband was the breadwinner as a public school teacher earning $90,000 a year while Defendant Wife was a part-time hair dresser…