In a number of my divorce cases, a client will complain that the other spouse is a spendthrift or is reckless with finances. They may recount that the other spouse has a gambling problem, has an addiction, or has made poor business decisions. They may express concerns that the spouse…
New Jersey Divorce and Family Lawyer Blog
Celebrity Child Support Disputes Illustrative on the Process of Modifying Child Support
It is not unusual for a parent to claim that they are paying too much in child support or for a parent to claim that they are not receiving enough child support. In recent celebrity news, Robert Kardashian is claiming the former. According to an article in People Magazine, Mr. Kardashian claims…
New Jersey Appellate Division Addresses Post-Judgment Attempts to Modify Matrimonial Settlement Agreements Based on Imputed Incomes
The Appellate Division in the recently published case of Bermeo v. Bermeo, A-1312-17, addressed a post-judgment application by a supported spouse seeking to modify alimony based on her inability to maintain the marital lifestyle after entering into a marital Property Settlement Agreement and the lack of findings by the court…
NEW JERSEY FAMILY PART COURT RULE AMENDMENTS – 2018 (PART THREE): INCAPACITATED ADULTS AND FINANCIAL MAINTENANCE
In the third and final blog post of this series, I will conclude my summary and discussion of the current 2018 Rule Amendments which have a direct or indirect impact upon Family Part practice in some fashion. In this blog post, I will discuss a new New Jersey court rule…
New Jersey Appellate Division Holds that All “Child in Court” Hearings, Even Those That the Parents Agree To, Must Be Held on the Record.
In the published Appellate Division opinion in NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. P.O. and M.C.D. A-1871-16, (App. Div. Oct. 30, 2018), the Appellate Division addressed the 2011 emergency removal of two children, ages 7 and 2, from their undocumented immigrant parents. While the two children remained in resource homes,…
New Jersey Court Addresses Whether a Plaintiff in a Non-Dating Sexual Relationship Can be Considered a Victim of Domestic Violence
In the published opinion in the matter of T.M. v. R.M.W., FV-15-0506-18, the Family Court in Ocean County addressed a domestic violence case that included some interesting facts and issues of first impression. In 2017, the plaintiff filed a domestic violence complaint against the defendant based on allegations of harassment and simple…
New Jersey Family Part Court Rule Amendments – 2018 (Part 2): “NAME” THAT COURT
In my last blog post I summarized some of the recent Court Rule amendments that went into effect this September. While there were only a limited number of changes in the Part V Rules affecting Family Part practice, I noted that there were amendments made in other sections of the…
New Jersey Appellate Division in Tort Case Acknowledges Expanding Recognition of Family to Include Same Sex Couples
While the U.S. Supreme Court has declared that same sex marriage is now legal all across the country, the states are still addressing with the newly accepted concept of a family in other contexts as well. This is demonstrated in the recent published opinion of the Appellate Division in Moreland v.…
NEW JERSEY FAMILY PART COURT RULE AMENDMENTS – 2018 (PART ONE)
The rumor is we did have a summer this year. Besides what seemed like a few nice days, what passed for summer flew by like a flash. Suddenly it was Labor Day, which for most people signals the arrival of Fall. What else arrives each Fall? The annual Amendments that…
New Jersey Appellate Division Addresses Adoption Act in Dispute Between Biological and Adoptive Parents
As an attorney who practices family law, I can attest to how painful battles for custody over children are when couples separate. Even more painful are disputes between adoptive and biological parents fighting over custody of a baby. Among the most famous and newsworthy of such disputes was the New…