On September 2, 2014, the New Jersey Appellate Division published an opinion in the case of Krupinski v. Krupinski, reversing the trial court’s decision denying Mr. Krupinski’s motion to terminate alimony, and directing the trial court on remand to provide for an exchange of discovery and the possibility of an…
The attorneys in this office, including myself, have written various blog posts concerning domestic violence, restraining orders, and the like. However, no time has been dedicated to the aftermath of restraining orders and the possible consequences associated with violating a restraining order, whether intentionally or unintentionally. As most people know, the…
The Family Court handles divergent case types. Although most people think the issues handled by Family Part judges relate to divorce, the reach of the family court is far broader. Many of the controversies resolved by the court deal with issues regarding children including Juvenile matters and matters involving abuse…
The news board lit-up this week with the story of Rachel Canning, age 18, the teenager who earlier this year sued her parents for child support and college expenses, filing a domestic violence complaint and obtaining a temporary restraining order against her 18 year old boyfriend, the boy whom her parents wanted her to…
In representing a divorce client, one’s inquiry and representation is primarily focused in the major issues in controversy such as the custody of minor children, alimony and child support, the equitable distribution property, and payment of professional fees. Indeed, these are important and crucial issues. However, in the heat of…
On August 6, 2014, the Appellate Division published the decision in KAF v. DLM., in which the Court clarified the standard that family courts are to apply when considering applications by a third party seeking custody and/or visitation and claims that he or she is a “psychological parent” to a child who already…
On July 28, 2014, the New Jersey Appellate Division approved for publication the case of R.K. v. F.K. (Docket No. A-4165-11T4), which further clarified the issue of how courts in New Jersey are to determine applications to modify existing custody and parenting time arrangements. In August, 2007 the wife obtained a temporary…
Pursuant to New Jersey statutes, and a common term in lawyers’ retainer agreements, is often a provision for the attorney to retain what is referred to as a charging lien in the assets of the marital estate to allow an attorney to be paid for legal services. Usually the existence…
In a recently published trial court decision, Marsico-v-Marsico, the Honorable Lawrence R. Jones, J.S.C., dealt with the novel question of law as to whether or not a designated power of attorney could appear and testify on behalf of or in lieu of a divorce litigant. After addressing this issue, Judge…
Legislation has recently been introduced in the New Jersey Legislature that would allow for the issuance of Restraining Orders in Non-Domestic Violence situations. While its passage and/or application to family law matters is problematic, this led me to think about a question frequently posed by many of my divorce clients…