If you have listened to local radio in recent years, (certainly those stations geared to a more mature audience), you were hard pressed to miss commercials from a “large” insurance broker touting his ability to obtain “affordable” life insurance coverage for persons, notwithstanding whether you had various chronic health conditions,…
New Jersey Divorce and Family Lawyer Blog
Could a Victim of Domestic Violence Be Required to Pay Alimony to the Abusive Spouse?
Most people would be shocked to find out that an individual who obtains a final restraining order against their spouse could be ordered to pay alimony to support his/her abuser. The Prevention of Domestic Violence Act (“Act”) specifically states that victims of domestic violence are entitled to financial support from…
The Case of the Missing Domestic Violence Trial Transcript
On January 17, 2018, the New Jersey Appellate Division decided the case of G.M. v. C.V. (A4820-15). The case involved the appeal of a May 6, 2016 order that denied the defendant’s request to vacate a final restraining order (FRO) entered in 2004. The reason for the denial that Trial…
New Jersey Appellate Division Addresses Whether a Family Court Can Enter a Restraining Order Without a Finding of Domestic Violence
In the case of M.C. v. G.T., A-4781-15, decided and approved for publication by the Appellate Division on January 2, 2018, the Appellate Division addressed essentially the equitable authority of a family court judge to enter a restraining order without there being a finding of domestic violence. Monica and George had…
Fake News: Family Law Style
FAKE NEWS! It seems like every year new words or phrases enter into the lexicon of our increasingly dynamic culture and society. For 2017 the term “fake news” would be at the top of most people’s lists. Largely attributed to President Trump, many believe this refers to news stories that…
How the 2017 Tax Reform Act Impacts Divorcing Couples
The 2017 Tax Reform Act has been signed into law by President Trump. This law significantly changes the tax liability of individuals. For individuals, it preserves the marriage penalty forcing dual income households to file jointly to increase their tax bracket or face the faster escalated tax rates imposed on those married filing…
New Jersey Supreme Court Affirms Trial Court’s Decision on Hearsay and Neglect, but Reverses on Abandonment.
In this recent decision in the matter of New Jersey Division of Child Protection and Permanency v. A.B., (A-27-16), the New Jersey Supreme Court reviewed a trial court’s determination that OLYMPUS DIGITAL CAMERA defendant A.B. abused or neglected A.F. (her sixteen-year old daughter), that A.B. willfully abandoned A.F.; and that…
United States Court of Appeals Rules in Favor of Daughter Seeking Father’s Life Insurance Proceeds
During the New Year’s season we often reflect on the blessings we have received over the course of the last year and give thanks. Many of us visit family during this time and if we are fortunate enough our parents. This past week, the Sixth Circuit of the United States…
Is the Law in New Jersey Drifting Towards a Presumption of Joint Physical Custody and Parenting Time?
When custody disputes arise, I often consider the Biblical narrative, 1 Kings 3:16-28, which tells the story of how King Solomon resolved a custody dispute of sorts between two women who lived in the same home. The women came before King Solomon, each claiming to be the mother of the…
Family Part Court Rule Amendments 2017 – Part III
In the third and final blog post of this series, I will conclude my summary and discussion of the current 2017 Family Part Rule Amendments, including those of more general application. The cases of R.K.v.D.L., 434 N.J. Super. 113 (App. Div.2014) and Major v. Maguire, 224 N.J. 1(2016) highlighted…