If you have listened to local radio in recent years, (certainly those stations geared to a more mature audience), you were hard pressed to miss commercials from a “large” insurance broker touting his ability to obtain “affordable” life insurance coverage for persons, notwithstanding whether you had various chronic health conditions, took medications, or were otherwise not in the best of shape. Recently, that same insurance broker has been running a new series of commercials clearly geared to divorced or divorcing spouses, who may be in the position of having to secure life insurance coverage for the benefit of their ex, maybe even more than one. Continue reading ›
Could a Victim of Domestic Violence Be Required to Pay Alimony to the Abusive Spouse?
Most people would be shocked to find out that an individual who obtains a final restraining order against their spouse could be ordered to pay alimony to support his/her abuser. The Prevention of Domestic Violence Act (“Act”) specifically states that victims of domestic violence are entitled to financial support from their abusers. However, the Act is silent on whether a victim of domestic violence who is also the income producing spouse has to support the abuser. Continue reading ›
The Case of the Missing Domestic Violence Trial Transcript
On January 17, 2018, the New Jersey Appellate Division decided the case of G.M. v. C.V. (A4820-15). The case involved the appeal of a May 6, 2016 order that denied the defendant’s request to vacate a final restraining order (FRO) entered in 2004. The reason for the denial that Trial Court gave was that the defendant’s motion did not include the transcript of the underlying 2004 FRO hearing. Continue reading ›
New Jersey Appellate Division Addresses Whether a Family Court Can Enter a Restraining Order Without a Finding of Domestic Violence
In the case of M.C. v. G.T., A-4781-15, decided and approved for publication by the Appellate Division on January 2, 2018, the Appellate Division addressed essentially the equitable authority of a family court judge to enter a restraining order without there being a finding of domestic violence. Continue reading ›
Fake News: Family Law Style
FAKE NEWS! It seems like every year new words or phrases enter into the lexicon of our increasingly dynamic culture and society. For 2017 the term “fake news” would be at the top of most people’s lists. Largely attributed to President Trump, many believe this refers to news stories that are false or are alleged to be. While this may sometimes be the case, most often the term is used to refer to matters reported in the news media as somehow being a newsworthy or significant when in reality they are not.
In this politically polarized country of ours, the use of the term “fake news” is derided by some and cheered by others. Continue reading ›
How the 2017 Tax Reform Act Impacts Divorcing Couples
The 2017 Tax Reform Act has been signed into law by President Trump. This law significantly changes the tax liability of individuals. For individuals, it preserves the marriage penalty forcing dual income households to file jointly to increase their tax bracket or face the faster escalated tax rates imposed on those married filing separately. The intermediate tax haven for married persons filing separately or head of household is preserved, allowing for some planning in divorce proceedings with regard to filing status. Continue reading ›
New Jersey Supreme Court Affirms Trial Court’s Decision on Hearsay and Neglect, but Reverses on Abandonment.
In this recent decision in the matter of New Jersey Division of Child Protection and Permanency v. A.B., (A-27-16), the New Jersey Supreme Court reviewed a trial court’s determination that
defendant A.B. abused or neglected A.F. (her sixteen-year old daughter), that A.B. willfully abandoned A.F.; and that remarks attributed to A.B.’s sister, J.F., were subject to suppression as embedded hearsay. Continue reading ›
United States Court of Appeals Rules in Favor of Daughter Seeking Father’s Life Insurance Proceeds
During the New Year’s season we often reflect on the blessings we have received over the course of the last year and give thanks. Many of us visit family during this time and if we are fortunate enough our parents. This past week, the Sixth Circuit of the United States Court of Appeals affirmed the decision of the United States District Court in the case of Sun Life Assurance Co. v. Jackson that involved the distribution of a deceased father’s life insurance policy proceeds to his daughter even though he failed to change the beneficiary designation to his daughter from his brother. Continue reading ›
Is the Law in New Jersey Drifting Towards a Presumption of Joint Physical Custody and Parenting Time?
When custody disputes arise, I often consider the Biblical narrative, 1 Kings 3:16-28, which tells the story of how King Solomon resolved a custody dispute of sorts between two women who lived in the same home. The women came before King Solomon, each claiming to be the mother of the same baby boy. King Solomon called for a sword and rendered his judgment: He would cut the baby in two so that each woman could receive half. The first woman did not contest Solomon’s decision, arguing that if she could not have the baby, then neither woman could. The second woman begged King Solomon to give the baby to the other woman instead of killing the baby. King Solomon declared the second woman as the infant’s true mother, reasoning that as a mother she would give up the baby if she had to in order to save his life. Continue reading ›
Family Part Court Rule Amendments 2017 – Part III
In the third and final blog post of this series, I will conclude my summary and discussion of the current 2017 Family Part Rule Amendments, including those of more general application. Continue reading ›