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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 reachingCollege-Student-Discounts the age of 18, but that emancipation may occur later when the child completes full-time post-secondary education, gets married, dies, enters the military service, or some other emancipation triggering event.  The New Jersey Supreme Court in the leading case of Newburgh v. Arrigo, 88 N.J. 529 (1982), addressed the issue of emancipation, including the extent to which a child’s attainment of the age of majority, now 18 (N.J.S.A. 9:17B-3), would affect a duty to support. Continue reading ›

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Over the Christmas holiday I came across a news story detailing a New Hampshire couple’s unsuccessful joint attempt to vacate their 2014 divorce decree on the ground of their reconciliation. In affirming the lower court decision denying their request, the New Hampshire Supreme Court in the case of In the Matter of Terrie Harmon and Thomas McCarron, 2015 WL 7747720 (No. 2015 – 0273; Opinion Issued Dec 3, 2015) held that the family court lacked statutory authority to vacate a decree of divorce upon the joint request of reconciled parties absent a showing of fraud, undue influence, deceit, misrepresentation or mutual mistake. In effect, the Court made clear that simply changing your minds and no longer wanting to be divorced, even if both parties agree, is not a legally valid basis to undo a Final Judgment of Divorce in the absence of an express statutory authorization permitting same. While generally the focus of my practice is getting people divorced, not “un-divorced”, this case made me consider how a New Jersey court might address this or similar issue. Continue reading ›

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Usually our blogs are dedicated to issues pertinent to family type litigation and divorce, although we do on occasion diverge into social areas usually associated with the aftermath of divorce or itsDSCN7910 social effects. Having been allotted our blog spot corresponding to the New Year, I thought it appropriate to join the debate on the state of our nation and its political process. Perhaps some would deem this an unwise topic, sure to insult some and anger others. My Irish mother told me never to speak of politics or religion as these were topics best left to fools and liars. Continue reading ›

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You know the song: “Here’s the story … of lovely lady …who is bringing up three very lovely girls. . . Here’s the story of a man named Brady who was raising three boys of his own. . . .” Most of us are familiar with the television show “The Brady Bunch”. In the show, Mike Brady had three sons from a previous relationship (Greg, Bobby and Peter Brady), and Carol Brady, his wife, had three daughters from her previous relationship (Marcia, Jan and Cindy).   They became what is popularly referred to as a “blended family” upon the marriage of Mike and Carol. Carol’s daughters took Mike’s last name and the family became known as “The Brady Bunch.” Mike and Carol’s respective children also referred to their stepmother and stepfather as “Mom” and “Dad”. Continue reading ›

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TANGEL 13he jurisdiction of the Family Part of the New Jersey Superior Court to make orders determining custody is based upon the common law doctrine of parens patriae, which imposes upon the court an affirmative duty to protect the best interests of minor children. The members the New Jersey Judiciary that serve our State in making these decisions will tell you that these decisions are some of the most difficult they have faced in their professional careers and also some of the most rewarding. On December 15, 2015, the Supreme Court of New Jersey issued an opinion modifying and affirming the Appellate Division’s decision denying the appeal by the New Jersey Division of Child Protection & Permanency in the case of New Jersey Division of Child Protection & Permanency v. K.N. and K.E., 435 N.J. Super. 16 (App.Div. 2014), wherein the “Division” appealed from a June, 2013 order that awarded custody of T.E. (“Tommy”), the six-year-old son of K.N. (“Kara”) and T.E. (“Kevin”) to his maternal grandmother as a paid resource placement parents. Continue reading ›

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19-08-2In any number of cases, the issue of imputation of income can and will arise with regard to one or both parties when issues of alimony or child support arise. Generally speaking, in matrimonial cases an issue over imputation of income often arises when, say one party has been unemployed for some time, or where a party is not earning or reporting income consistent with that person’s ability to do so.  The case law in the State of New Jersey is fairly straightforward when it comes to when and how income should be imputed to an individual, however, there have been some recent developments that highlight some nuances. Continue reading ›

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file0001207444674New Jersey’s removal statute, N.J.S.A. 9:2-4, bars a parent from permanent relocating a child from the State of New Jersey without the other parent’s consent or the permission of the court.   In a previous 2013 blog, my colleague, Daniel Burton, Esq., discussed at length the standard created under our case law when a custodial parent seeks to move out of New Jersey with a child and the noncustodial parent objects. The present leading case on relocation is  Baures v. Lewis, 167 N.J. 91 (2001), in which the New Jersey Supreme Court listed 12 factors for court to consider when deciding applications for a parent to relocate a child from New Jersey. Continue reading ›

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Regardless of your faith, or lack thereof, the American holiday season is upon us. Few would disagree that Halloween is the preseason opener and Thanksgiving the actual kick-off to the holiday season.  It really doesn’t matter what you believe; you recognize these holidays and have a manner of dealing with them. Over time, the method of recognizing or ignoring holidays becomes a family tradition, one which establishes our footing in the world. When we marry, we bring these traditions with us and try to build them into our new family.  As children are born, we build these traditions around our children and the modern reality that life and career may move us far from our place of origin. Continue reading ›

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When people ask me what I do for a living, I usually tell them I am a “divorce” lawyer.  While much of this firm’s practice is devoted to representing clients either getting divorced, handling issues incident to a divorce, or addressing disputes which may arise post-divorce (i.e. modification, enforcement of obligations and the like), over the years this firm has often been called upon to handle a growing number of disputes between non-married parties.  Among these claims arising from “family-type” relationships are those involving child custody and parenting time, property rights, child support and “palimony”. Hence, it is more accurate to described myself as a “family law” attorney as our firm’s website so references.   Continue reading ›

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Generally, the concept that in domestic violence matters the concept that a defendant could defend oneself by asserting that their violence towards the plaintiff was deserved or provoked in some way is an abhorrent concept, and would likely not be a successful argument in defending against against an accusation of domestic violence.   However, in an as yet unpublished July, 2015 decision  in the matter of R C v R W, decided by the Honorable L.R. Jones, J.S.C., a prolific writer of trial court opinions, the family court addressed the following question: “What happens when a plaintiff seeks a final restraining order against a defendant for conduct which arises from plaintiff’s own violent provocation?”. Continue reading ›