Reiterating the opening to our latest blog outlining the history of U.S. Supreme Court decisions regarding the fundamental right to parent one’s child, he wrote: “United States Supreme Court Justice Sandra Day O’Connor wrote on behalf of the Court in the case of Troxel v. Granville, 530 U.S. 57 (2000), that…
New Jersey Divorce and Family Lawyer Blog
New Jersey Appellate Division Addresses the Due Process Rights of Mother Faced with an “Established” Finding of Child Abuse or Neglect Without an Evidentiary Hearing
On February 1, 2017, the New Jersey Appellate Division published its opinion in the case of New Jersey Division of Child Protection and Permanency v. V.E., A-0586-15T4 — A.3d —- (2017). V.E. is the mother of R.S. now age nine. V.E. appealed an administrative finding of the New Jersey Division…
Tax Considerations in Divorce
I understand why you might not want to read this but . . . tax season is upon us. While I am an attorney specializing in family law, I frequently come into contact with other areas of law, such as criminal law, school law, health law, real estate law,…
CAN I DO THAT? (Part 3)
This is the final installment of a current series of blog posts in which I have been highlighting some of the more commonly asked questions of divorcing clients as to whether they can or cannot do certain things in regards to aspects of their financial or personal affairs. Once again,…
New Jersey Law Now Requires a Custodial Parent to File A Request to Continue Child Support Beyond a Child’s 19th Birthday
New Jersey Govenor Christie has signed into law N.J.S.A. 2A:17-56.67 which significantly modifies the current law related to the duration and termination of child support obligations. Specifically Section (a) of the new statute provides that unless a court order or judgment provides to the contrary, child support terminates by “operation of law”…
Who’s Your Daddy? -Paying Child Support For A Child That Is Not Biologically Yours
More than ever it is not that unusual for a father to learn that the child he has been ordered to provide child support for is not his biological child. Instinctively, it would be equitable to assume that a man who is not the biological father of the child should…
How a New Jersey Family Court Judge Handles a Domestic Violence Case Filed in Close Proximity to Another Family Action
The time period in the lead up to and immediately after a couple separates is more likely than not rife with conflict. Unfortunately, the conflicts, whether verbal and/or physical, can rise to the level of abuse that is tantamount to domestic violence. Recently, a New Jersey family court in Ocean County…
Supreme Court of New Jersey Imposes Constructive Trust to Avoid a Spouse Being Unjustly Enriched by Avoiding Equitable Distribution of Deferred Compensation
On December 12, 2016 the Supreme Court of New Jersey decided the case of Thieme-v-Aucoin-Thieme, regarding equitable distribution and/or the use of a constructive trust in a post-judgment dispute over deferred compensation paid to one spouse after the parties’ divorce. In this case, the Plaintiff/Husband had been employed by a…
Can I do That? (Part 2)
This is another of a series of blog posts in which I will be highlighting some of the more commonly asked questions of divorcing clients as to whether they can or can’t do certain things in regards to aspects of their financial or personal affairs. Once again, the thoughts expressed…
New Jersey Appellate Division Determines That Litigants Cannot Negotiate Agreement for a Final Domestic Violence Restraining Order
The Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35, is a powerful tool designed to protect domestic victims from violence and degradation experienced at the hands of an abusive OLYMPUS DIGITAL CAMERA partner. Before the Domestic Violence Act, it was difficult to remove abusive co-habitants from residences or to protect victims…