It is that time of year when us practicing New Jersey attorneys submit our registration renewals and pay any required fees in order to continue to be able to practice law for the coming year. Despite its trials and tribulations at times, practicing Family Law, and assisting my clients through…
On March 17, 2016, the New Jersey Appellate Division issued an unpublished opinion in the case of Parrish v. Klugar 2015 WL 10488423 (App. Div. 2016). In the Parrish case, the father appealed from an August 18, 2014 post-judgment Family Part order that denied his motion to emancipate his then…
In a recently published decision, D.G. and S.H. v. K.S., FD-1386-14S, the Honorable Stephanie M. Wauters, J.S.C., issued what could prove to be a groundbreaking decision as the definition of family continues to develop and evolve with the ever changing times. The original ninety-six page decision decision was abridged to twenty-two…
On October 21, 2015, the Hon. L.R. Jones, J.S.C., a family court judge in Ocean County issued an opinion that was approved for publication this week in the matter of Fichter-v-Fichter. Judge Jones addressed the question of whether a parent already paying child support pursuant to those Guidelines also has…
Earlier this month, the New Jersey Appellate Division took up the issue of whether or not a litigant living as a fugitive outside the United States has standing to challenge a default judgment entered by the trial relating to custody and support. The case of Yvietta Matison v. Mark Lisantary,…
In New Jersey, it is well established that both parties have an obligation to support their children financially. Accordingly, child support obligations are one of the primary issues dealt with when a marriage or relationship ends between people who have children, whether it be my consensual agreement or court order.…
The current state of the law in New Jersey regarding children’s (or their primary custodial parent’s) right to child support is that children are not necessarily deemed emancipated upon reaching the age of 18, but that emancipation may occur later when the child completes full-time post-secondary education, gets married, dies,…
In any number of cases, the issue of imputation of income can and will arise with regard to one or both parties when issues of alimony or child support arise. Generally speaking, in matrimonial cases an issue over imputation of income often arises when, say one party has been unemployed…
Generally, when a motion to modify a child support obligation is made New Jersey’s “anti-retroactivity statute” only allows a modification in child support retroactive to the date that the motion was filed. N.J.S.A. specifically states: “No payment or installment of an order for child support, or those portions of an…
In May of this year, my colleague Daniel Burton, Esq. wrote a blog entitled “One Set of Twins Two Fathers Confirms New Jersey Superior Court Judge” about a trial court level decision of the Honorable Sohail Mohammed, J.S.C., in Passaic County concerning the paternity and related child support obligations to twins,…