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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 Settlement Agreement between divorcedfile000195499258 parents that provided for allocation of college expenses not covered by a student’s financial aid package, where a parent had taken out PLUS loans.  The Court also addressed the support of college age unemancipated children where one child resided with one party outside of the U.S., and the other child resided at college in New York. Continue reading ›

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The 18th century educational writer, W.E. Hickson, is credited with popularizing the proverb: “’Tis a lesson you should heed: Try, try, try again. If at first you don’t succeed, Try, try, try again.”  On IMG_0187June 10, 2016 the New Jersey Appellate Division decided the case of KL-v-DL, in which after nearly three years of continuous litigation, a father succeeded in having the trial court reconsider its prior order relating to additional visitation with his daughter.  The protracted litigation began not long after the divorce complaint was filed on June 14, 2013.   Continue reading ›

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When you mention Private Investigators in the context of a matrimonial dispute, most people think of what is portrayed in movies or in television of a gumshoe Detective tailing a car or hiding in the bushes, trying to get the goods on a suspected cheating spouse. While hiring a private investigator to determine whether a spouse may be engaged in an adulterous relationship remains a common reason to do so, there are a multitude of other reasons why the use of a private investigator can be an important tool for the client as well as the attorney in the preparation of a matrimonial case. This blog post will discuPrivate Investigatorss some of these circumstances, as well as some practical and legal considerations affecting the use of private investigators. Continue reading ›

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We have all heard of the shocking cost of some celebrity divorces.  But, what about the rest of us? A THREE 100 DOLLAR ROLLSdivorce can be costly at any financial level. One of the first questions an individual pondering divorce has is, “how much does a divorce cost?” And, many of us have seen the advertisements claiming that you can be divorced for $400. Unfortunately, the real answer to how much a divorce costs remains illusive. The cost of a divorce really is on a case by case basis. Continue reading ›

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We have written previously about issues of cohabitation and it’s impact on the right and obligation to receive and pay alimony. We have also written about the courts’ attitudes towards the file0001849487704enforcement of Property Settlement Agreements. On May 3, 2016 the Supreme Court of New Jersey in the matter of Quinn -v- Quinn, — NJ — (2016) [(A-5-14) (074411)], addressed the issue of enforcing terms of a Property Settlement Agreement involving the effect of cohabitation on provisions dealing with alimony in the matter. In this matter the parties, who were married in 1983, entered into a Property Settlement Agreement in 2006 providing that upon the Wife’s cohabitation, per case or statutory law, her alimony would terminate. Continue reading ›

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In handling divorce matters, there are many issues that the parties argue about.  One issue, however, which is rarely disputed is a need for, or a willingness to, financially support one’s children. DSC04223What parties may fight about is how much that child support should be. That determination is dependent upon a multitude of factors, most notably the incomes of the parents. For most “average” families, the courts have largely determined what the amounts should be through the use of Child Support Guidelines – plugging in incomes and other set variables to arrive at specific support levels which are then apportioned between the parents. However, our office is often confronted with families whose circumstances are far from “average”. Continue reading ›

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I am always encouraged when parents who are ending their relationship strive to put aside their own personal conflict with one another to try to do what is best for their children.  It is well aacknowledged that it is important to children’s development for them to have consistency and stability in their lives.   Children may have already experienced and witnessed discord and strife when their parents are splitting up, and may experience worry and uncertainty about what their living arrangements are going to be when their parents are no longer living together.   Parents who strive to maintain a life of consistency and reduced volatility after the parents have ended their relationship should be lauded.  How to put into practice the desire for consistency for the children can be difficult. Continue reading ›

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The news agency CNN Money recently published an article entitled “Panama Papers: How the rich try to hide assets from their exes.”  (http://money.cnn.com/2016/04/07/news/panama-papers-divorce/) T9-08-1he “Panama Papers” refer to hacked files from an international law firm based in Panama called Mossack Fonseca.  Those hacked files were analyzed by the press and later published in a report by the International Consortium of Investigative Journalists. The report’s findings have already lead to the resignation of the Prime Minister of Iceland, Sigmundur Gunnlaugsson, after it was revealed that he owned an offshore company with his wife but he had not declared it when he entered Parliament.   Continue reading ›

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file000388004075In a prior post, I took a look at the process necessary to seek the dissolution or modification of a Final Restraining Order (FRO), specifically taking into consideration the Carfagno factors that have since been adopted by the Appellate Division as a non-exhaustive list of factors for the Court to consider when one of these applications is made.  In a recent, albeit unpublished, decision, the Appellate Division revisits this issue and takes a closer look at what constitutes a prima facie case of good cause and changed circumstances warranting a plenary hearing on this issue.  That case, B.R. v. J.A., originated in Hudson County and has been reversed and remanded for a plenary hearing by the Appellate Division, without any discussion on the merits of the defendant’s application. Continue reading ›

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IMG_9926Historically, New Jersey case law did not favor allowing a custodial parent to relocate another state with a child. However, the major advancements in technology which allow people to remain in constant contact with each other and the ease with which one can travel interstate has shifted the tide. Under the right circumstances, it is not unheard of for a Court to grant a primary parent’s request to relocate out of the State of New Jersey with a child. Continue reading ›