It happens in family and matrimonial disputes that litigants are investigated by the Department of Children and Families, which investigate claims of child abuse and neglect. In a recently published decision in S.C. v. New Jersey Department of Children and Families, the Supreme Court of New Jersey addressed whether findings…
New Jersey Divorce and Family Lawyer Blog
ENFORCEMENT OF FAMILY LAW “CONTRACTS”: IT’S A MATTER OF INTERPRETATION
When a client retains an attorney to represent him or her in a divorce or other family law dispute, usually the goal is to try and settle the matter. Trying a case is viewed as a last resort when all efforts to reach an amicable resolution have failed. From the…
Is a Parent or Spouse Who Does Not Work Available Overtime Hours Underemployed For Purposes of Calculating Child Support Obligations in New Jersey?
When calculating child support obligation, the courts first look to the Child Support Guidelines established by the Supreme Court of New Jersey. The Guidelines factor in income from all sources of both parents in order to determine the parents’ respective child support obligations. However, when it comes to income that…
New Jersey Court Further Expands Definition of Household Member to Exercise Jurisdiction Under Domestic Violence Statute
I previously blogged about the ever expanding definition of “household member” as it relates to who can meet the definition to be considered a “victim” under the Prevention of Domestic Violence Act” (PVDA) in order to obtain a restraining order. New Jersey courts have continued to expand the circumstances in…
IS THERE EVER A GOOD TIME TO START A DIVORCE?
Last month I wrote a blog post highlighting many of the practical considerations in trying to negotiate a resolution of a divorce given the dramatic and significant impacts caused by the coronavirus pandemic. The loss of jobs. The reduction of income. The decline in the value of assets. Even more…
New Jersey Appellate Division Clarifies Standard for Support When a Litigant is Disabled
This month, the Appellate Division approved for publication the case of Gormley v. Gormley, A-1428-18, (App.Div. 2019) which addressed the standard to apply in determining the income of a litigant who has been determined by the Social Security Administration to be disabled and whether the Court should impute income for someone…
New Jersey Appellate Division Considers Application of Amended Alimony Statute in Retirement Case Involving Pre-Amendment Marital Settlement Agreement
In Amzler v. Amzler, (Docket No. A-3384-18), 2020 N.J. Super. LEXIS 38 (App. Div. 2020), the Appellate Division provided direction on the effect of the September 2014 amendments to New Jersey’s alimony statute, N.J.S.A. 2A:34-23 as it relates to a litigant’s desire to retire before his full retirement age and…
Are Alimony And/Or Child Support Obligations in New Jersey Modifiable During the Coronavirus Pandemic?
After years of a booming economy, the coronavirus pandemic has wreaked havoc on our state and national economies. Non-essential businesses have been forced to close and millions have become unemployed. Many others who have held onto their jobs have had their hours or pay reduced. The pandemic has caused households…
RESOLVING DIVORCES DURING THE PANDEMIC: PRACTICAL CONSIDERATIONS
It goes without saying that the impact of the coronavirus pandemic has been widespread and devastating. It has been dramatic and sudden. It has reached every corner of the globe. It has affected virtually every institution – political, economic and social. It has touched every community, every family and every…
Are Federal Stimulus Checks Paid Due to the Coronavirus Pandemic Subject to Garnishment for New Jersey Child Support Arrears?
Due to COVID-19, New Jerseyeans, among others, are experiencing difficult financial times. While there has been action by the government to ease financial burdens such as staying evictions and forbearing mortgage payments, the fact of the matter is that ensuring the receipt of child support during this time is critical.…