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,…
Over the Christmas holiday I came across a news story detailing a New Hampshire couple’s unsuccessful joint attempt to vacate their 2014 divorce decree on the ground of their reconciliation. In affirming the lower court decision denying their request, the New Hampshire Supreme Court in the case of In the…
Usually our blogs are dedicated to issues pertinent to family type litigation and divorce, although we do on occasion diverge into social areas usually associated with the aftermath of divorce or its social effects. Having been allotted our blog spot corresponding to the New Year, I thought it appropriate to join the debate…
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…
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…
New Jersey’s removal statute, N.J.S.A. 9:2-4, bars a parent from permanent relocating a child from the State of New Jersey without the other parent’s consent or the permission of the court. In a previous 2013 blog, my colleague, Daniel Burton, Esq., discussed at length the standard created under our…
Regardless of your faith, or lack thereof, the American holiday season is upon us. Few would disagree that Halloween is the preseason opener and Thanksgiving the actual kick-off to the holiday season. It really doesn’t matter what you believe; you recognize these holidays and have a manner of dealing with them. Over time,…
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…
Generally, the concept that in domestic violence matters the concept that a defendant could defend oneself by asserting that their violence towards the plaintiff was deserved or provoked in some way is an abhorrent concept, and would likely not be a successful argument in defending against against an accusation of…