A bill has passed the New Jersey Senate and Assembly and which is now before the governor that intends to amend the current alimony statute, N.J.S.A. 2A34-23. At present, the alimony statute allows a court to consider (1) permanent alimony; (2) limited duration alimony; (3) rehabilitative alimony; and (4) reimbursement alimony. …
New Jersey Divorce and Family Lawyer Blog
The Collaborative Divorce Process in New Jersey: Can a Conference Table Replace the Courtroom?
Most of us have watched the opening scene of the 2005 summer comedy, “Wedding Crashers”, where John Beckwith, played by Owen Wilson, and Jeremy Grey, played Vince Vaughn, serve as mediators in an acrimonious divorce between the equally recalcitrant Mrs. Kroeger, played by Rebecca De Mornay, and Mr. Kroeger, played by Dwight…
Parent Child Relationship May be Key in Determining a Divorced Parent’s Obligation to Pay for College
As my colleague, Mr. Dugan has touched upon in prior blog posts, divorced parents can be required to provide a college education (sometimes even an advanced degree) to their children, in addition to having to pay child support under New Jersey law. The Honorable Lawrence R. Jones, J.S.C. has offered additional insight into…
Are Youth Suffering From Substance Abuse Issues Being Denied Equal Protection Based on Current Laws on Emancipation?
New Jersey has since the Divorce Reform Act of 1971 stood in the forefront in developing the law as it relates to Marriage and Divorce. We have over the years defined the law, and the Nation has followed and adopted some of our theories as to the distribution of property and…
Freedom of Speech and Family Law
The First Amendment of the United States Constitution guarantees certain freedoms, including the “freedom of speech”. Treatises have been written and a multitude of cases have been decided addressing what types of speech or expression are encompassed thereby, and the nature and scope of governmental or private action is subjected…
New Jersey Governor Signs a New Law Allowing Adoptees More Information About Their Biological Families
For more than three decades a debate has been waged in New Jersey on the adoption front over the extent to which adoptees can access their birth records and uncover information about their biological parents. In 1940, New Jersey began sealing adoption records. In 1977, New Jersey allowed the records to be…
Social Media in the Law: What You Say (or Post) Can Be Used Against You
With the proliferation of ways to communicate via social media, such as Facebook, Twitter, Instagram, Youtube and blogging sites, it has become more common in legal settings for such postings to be used as evidence in court. Mainstream media outlets have been reporting recently about an unpublished May, 2014 Appellate Division decision…
Divying up the Debts
When it comes to questions regarding equitable distribution, the one that seemingly gets overlooked or underappreciated the most often is the question revolving around how to divide or distribute the marital liabilities or debts of the marriage. It is so much easier to comprehend and make distributions of the assets…
What Happens to Child Support When a Child Enrolls in an Out of State College?
On April 28th 2014 the Appellate Division issued an unpublished decision in the post-judgment case of Fox v. Fox, A-2339-12T1, 2014 WL 1660394 (N.J. Super. Ct. App. Div.). The Appellate Division reversed and remanded the trial court’s decisions to deny Dorothy Fox n/k/a Lamuraglia’s motion to modify child support. Ms. Lamuraglia…
Does a New Jersey Court Have to Provide Counsel and Experts to Litigants Who Do Not Pay Court Ordered Support Before Incarcerating Them?
Most times, when courts award alimony and child support the Payors comply with their court ordered support obligations. In some instances, unfortunately, compliance with such orders wains and the issue of enforcement of court ordered support obligations must be addressed by the Court. New Jersey Court Rule 1:10-3 provides a vehicle…