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New Jersey Divorce and Family Lawyer Blog

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Domestic Violence During the Coronavirus Pandemic

Life has taken an unexpected left turn over the course of the last few weeks. Many have become unemployed  Those lucky enough to be working may have received a cut in pay or be working reduced hours. Apart from the financial impact of the current pandemic there are social losses…

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Co-Parenting in a Pandemic: Help for Divorced or Separated Parents

Co-parenting children when parents are separated or divorced can be challenging in normal circumstances.  One would agree, however, that times are not normal.  The country is in the midst of a pandemic due to the COVID-19 virus.  Governor Murphy has closed schools and many business, and he has directed that…

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Paternity Support Reimbursement Claims? Asking the Internet Versus Asking a Lawyer

Maury says you are NOT the father! Actually, after getting the results of a genetic or  DNA test, you discover that you are not the father of the child you were led to believe was yours and had been supporting.  Rather, the child you have been supporting was the offspring…

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Can a Noncustodial Parent Object to a Custodial Parent Moving Within the State of New Jersey?

Various blogs have been written by members of our firm about situations where a custodial parents wants to move with the parties’ children to a state other than New Jersey.   Can a custodial parent live wherever he/she wants within the State of New Jersey?  Can a non-custodial parent ask a…

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NEW JERSEY FAMILY PART COURT RULE AMENDMENTS – 2019 (PART II)

In my last blog post I noted that, effective September 1, 2019, a number of Court Rules directly impacting upon Family Part practice had been amended. In this blog post, I will continue this discussion, summarizing some additional court rule amendments, including those which were in response to, or in…

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New Jersey Appellate Division Clarifies Whether the Changed Circumstance Standard Applies in Post-Judgment Cohabitation Cases

Ascertaining whether a supported spouse is cohabiting with a romantic partner in such a way that it constitutes a changed circumstance warranting a modification of alimony is often an issue that family courts have address.  In 2014, the New Jersey Legislature modified the alimony statute, N.J.S.A. 2A:34-23(n), to codify factors…

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New Jersey Family Part Court Rule Amendments (2019) (Part I)

The calendar turning to September signifies different things to different people. For some it signals the end of heat and humidity, cooler temperatures and changing leaves. For others, it’s the kids finally going back to school. To still others, it signals the start of the football season, the excitement of…

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Which Parent Bears the Burden of Proof in New Jersey as to Relocation AFTER a Parent Has Already Moved From New Jersey With the Parties’ Children?

In enacting New Jersey statute, N.J.S.A. 9:2-2, the Legislature established a mechanism and procedure for a divorced or unmarried parent when seeking to move with one’s children outside the state of New Jersey.  The statute provides: “When the Superior Court has jurisdiction over the custody and maintenance of the minor…

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Live-in Nannies Qualify as a “Household Member” Under the Prevention of Domestic Violence Act

In E.S. v. C.D., FV-02-00194-19 (Ch.Div. 2018),  the family court deal with the question of whether Plaintiff was entitled to protection under the Prevention of Domestic Violence Act (“PDVA”), given the economic relationship between the Defendant, who was employed in Plaintiff’s household as a live-in nanny. The Defendant had been…

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Lottery Winnings: A Dream Divided?

“All you need is a dollar and a dream”. Mega Millions. Powerball. Pick-6. State lotteries all over the country encourage people to pluck down their dollars for the dream of possibly winning a fortune and being financially set for the rest of your life. However, for one Michigan man that…

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