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,…
You know the song: “Here’s the story … of lovely lady …who is bringing up three very lovely girls. . . Here’s the story of a man named Brady who was raising three boys of his own. . . .” Most of us are familiar with the television show…
The jurisdiction of the Family Part of the New Jersey Superior Court to make orders determining custody is based upon the common law doctrine of parens patriae, which imposes upon the court an affirmative duty to protect the best interests of minor children. The members the New Jersey Judiciary that…
When people ask me what I do for a living, I usually tell them I am a “divorce” lawyer. While much of this firm’s practice is devoted to representing clients either getting divorced, handling issues incident to a divorce, or addressing disputes which may arise post-divorce (i.e. modification, enforcement of…
The first Tuesday of every November serves as Election Day in New Jersey and across the United States. Immigration, both legal and illegal, continues to be controversial issue in current elections. On Election Day Eve, November 2, 2015, the New Jersey Appellate Division published their Opinion in OYPC v. JCP, —…
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…
More and more litigants today are agreeing to arbitrate matters outside of the public sphere of the courthouse and hire a private arbitrator to resolve their dispute in lieu of a judge in the court doing so. In the context of a business or contract dispute, the aggrieved parties might…
During a custody dispute over children, if the parties cannot reach an agreement between themselves as to the custody and parenting time arrangement that serves the best interest of the child(ren) at issue, the Court will then be called upon to make that determination for them. The Court is required…
Modern science and technology have afforded infertile couples the ability to have a child of their own through in vitro fertilization. Recently, stories in the mainstream media have discussed the legal disputes between couples who froze fertilized embryos before they split up where one of the members of the couple…
During the initial stages of a divorce action, I am often asked by the client whether they should change their Will to eliminate their spouse as a beneficiary, executor, etc thereunder. The last thing they want is for their dreaded, estranged spouse to get their estate and/or from being in…