In an unpublished decision in the matter of T.M. v. R.M., A-4724-16T3 (App. Div. April 5, 2018), the Appellate Division considered a plaintiff’s appeal of the trial court’s denial of his motion to modify his alimony and child support obligations based on changed circumstances. At the time of the parties’ divorce,…
In my last blog post I noted that effective September 1, 2017 a number of Court Rules directly impacting upon Family Part practice had been approved by our Supreme Court. I summarized and discussed a number of those Amendments. In this blog post , I will summarize and discuss two…
This week the Northern Hemisphere celebrated the Summer Solstice which marks the longest day of the year and the official start of the summer season. The month of June also brings with it the end of the school here in New Jersey and the many high school graduations. In New…
Several weeks ago my colleague, Elsie Gonzalez, Esq., wrote a blog post discussing the recent Appellate Division case of Ricci v. Ricci, A-1832-14T1 decided on February 9, 2017. That matter arose as a result of a child bringing an action against her divorced parents seeking contribution from them for her…
Reiterating the opening to our latest blog outlining the history of U.S. Supreme Court decisions regarding the fundamental right to parent one’s child, he wrote: “United States Supreme Court Justice Sandra Day O’Connor wrote on behalf of the Court in the case of Troxel v. Granville, 530 U.S. 57 (2000), that…
New Jersey Govenor Christie has signed into law N.J.S.A. 2A:17-56.67 which significantly modifies the current law related to the duration and termination of child support obligations. Specifically Section (a) of the new statute provides that unless a court order or judgment provides to the contrary, child support terminates by “operation of law”…
Allocation of higher education expenses for the children of divorced or non-married parents continues to be an area of litigation and developing law. This week, the Appellate Division approved for publication the case of Avelino-Catabran v. Catabran, in which the Appellate Division addressed the interpretation and enforcement of a Property…
On March 17, 2016, the New Jersey Appellate Division issued an unpublished opinion in the case of Parrish v. Klugar 2015 WL 10488423 (App. Div. 2016). In the Parrish case, the father appealed from an August 18, 2014 post-judgment Family Part order that denied his motion to emancipate his then…
The current state of the law in New Jersey regarding children’s (or their primary custodial parent’s) right to child support is that children are not necessarily deemed emancipated upon reaching the age of 18, but that emancipation may occur later when the child completes full-time post-secondary education, gets married, dies,…
In 2014 my colleague wrote an excellent blog entitled “When Does Child Support End?-Shifting the Burden”, which discussed New Jersey law on the emancipation of a child and the termination of child support. Another colleague has further blogged about the payment of college expenses by divorced parents. You may…