Divorce is a life-altering event. For many it is an emotionally charged situation. The person you had loved and intended to share a life with is now someone who you consider your “enemy” – viewing them from indifference to hatred. Any sense of trust has gone out the window. For…
While not limited to family law matters, at the conclusion of a case a client may often have an outstanding balance due for legal fees in regards to services rendered by the attorney in the underlying action. Most of the time payment arrangements end up getting worked out. Sometimes they…
At the end of 2017, the U.S. Congress passed the most sweeping tax changes in over 30 years, referred to as the Tax Cuts and Jobs Act of 2017 (TCJA). While there were many provisions of the federal tax laws which were impacted, the most publicized changes were the reductions…
In the recently published opinion of the Appellate Division in Fattore v. Fattore,A-3727-16 (App. Div. 2019), the Appellate Division the husband appealed a trial court order requiring him to indemnify his former wife for the loss of her share of equitable distribution of his military pension, which was waived as…
In my last blog post, I provided a brief overview of retirement assets which have been funded individually, such as IRA accounts, and how they are dealt with for equitable distribution purposes. In this second blog post of the series, I will now provide an overview of employer-sponsored retirement…
In the matter of New Jersey Division of Child Protection and Permanency v. A.S.K. (A-50-17 ___ N.J. ___ (App. Div. 2018), the New Jersey Supreme Court reviewed the trial court’s decision to terminate the parental rights of E.M.C. (“Eric”) to his son, A.E.C. (“Adam”) based on the record and the application…
It is not uncommon as a family law practitioner to experience a difference in the way the family courts handle cases involving the children of divorced or divorcing spouses (where they are matrimonial cases bearing an “FM” docket number) in the dissolution unit, and children of non-married parents in the…
While each divorce case has its own unique set of facts, circumstances and complexities, there are certain core issues which may need to be addressed, namely (1) the custody and support of any children of the marriage; (2) the necessity, extent, duration and amount of any spousal support or alimony;…
It is a social norm for one to state, “I’m sorry to hear that” in response to the hearing the news of a death or divorce among ones friends of family. While it an appropriate response of condolence when a someone dies, is it always appropriate to state the same…
For family law attorneys, it’s beginning to look a lot like Christmas . . . fights over holiday parenting time. The holiday season is often a time of stress, and sometimes of sadness, for everyone. For separating or divorcing parents or newly divorced parents, fighting over how to divide holiday…