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NJ Family Legal Blog Pertinent Information As It Relates To New Jersey Family Laws

Category Archives: Modification

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NEW JERSEY FATHER ORDERED TO PAY $112,000 FOR DAUGHTER’S LAW SCHOOL TUITION

Posted in Child Support, Custody, Divorce, Modification, Practice Issues

Talk about sticker shock.  A New Jersey father was recently ordered to pay more than $112,000 for his daughter to attend Cornell Law School. But is it really shocking?  The parties’ divorce agreement, entered into in 2009, did provide that the parents would split the cost of law school provided that she maintained over a… Continue Reading

Warning: You May Regret Agreeing to Pre-Determined Resolutions for Future Possible Support and Custody Issues

Posted in Alimony, Child Support, College, Modification, Property Settlement Agreements, Visitation/Parenting Time

I am an advocate of resolving divorce and custody disputes and helping my clients make reasonable attempts to avoid judicial intervention.  It is less costly, less lengthy and allows litigants to make their own decisions regarding their children, finances, assets and debts.  However, the motivation for entering into a settlement agreement should not be solely… Continue Reading

SEVEN DEADLY SINS OF DIVORCE: GLUTTONY

Posted in Alimony, Child Support, Custody, Divorce, Domestic Violence, Equitable Distribution, Modification, Other, Practice Issues, Visitation/Parenting Time

A new report in Scientific American Mind suggests that humans who tend to overeat may develop the same patterns of neural activity as drug addicts. For example, in 2006, a physician at substance abuse center in Michigan noticed that many of his patients had recently undergone bariatric surgery to lose weight.  When they succeeded, patients… Continue Reading

BREASTFEEDING AND BEST INTERESTS: WHAT DOES THE BABY HAVE TO SAY?

Posted in Custody, Divorce, Modification, Practice Issues

Recently, a Pennsylvania judge sparked nationwide outrage when he reportedly ordered a mother to stop breastfeeding her baby daughter so that the father could have overnight visits with her. The mother, Jessica Moser, reported to the local news outlet that the judge presiding over her custody case ruled that she must stop breastfeeding her 10-month-old… Continue Reading

SPELL OUT YOUR INTENTIONS WHEN IT COMES TO YOUR DIVORCE AGREEMENT

Posted in Custody, Divorce, Interspousal Agreements, Modification, Practice Issues, Property Settlement Agreements, Visitation/Parenting Time

Although none of us can see the future (not yet anyway), when drafting a divorce agreement it is absolutely imperative to include as many potential future scenarios that you foresee to occur.  Equally, if not more important, is to actually spell out exactly what your intentions and expectations are and provide examples if necessary.  More often than… Continue Reading

THE INFORMATION ASYMMETRY AND THE DIVORCE PROCESS: AN UNLIKELY PAIR

Posted in Alimony, Child Support, Civil Unions and Domestic Partnerships, Counsel Fee Awards, Custody, Divorce, Equitable Distribution, Estate and Trust Issues, Interspousal Agreements, Mediation/Arbitration, Modification, Practice Issues, Prenuptial Agreements, Property Settlement Agreements, Tax Exemption, Visitation/Parenting Time

What do divorce and economics have in common?  Well, a lot. But today I am focusing on the unlikely link between the theory of information asymmetry – which deals with the study of decisions in transactions where one party has more or better information than the other – and the New Jersey Divorce App.  … Continue Reading

TERMINATING ALIMONY FOR TERMINALLY ILL PATIENT – EASY, RIGHT? WRONG.

Posted in Alimony, Civil Unions and Domestic Partnerships, Counsel Fee Awards, Divorce, Interspousal Agreements, Modification, Other, Property Settlement Agreements

Recently I lost a dear client and friend, Bill*, after his long battle with brain cancer.  Bill was a man with a kind-hearted spirit and a gentle disposition – one of those “really nice guys” that you just wanted to bend over backwards to help. While Bill was fortunate enough to spend his last days… Continue Reading

Tracking Finances: There’s a (New Jersey Divorce) App For That.

Posted in Alimony, Child Support, Civil Unions and Domestic Partnerships, Cohabitants' Rights, College, Counsel Fee Awards, Custody, Divorce, Equitable Distribution, Estate and Trust Issues, Interspousal Agreements, Mediation/Arbitration, Modification, Other, Practice Issues, Prenuptial Agreements, Privacy and Confidentiality, Property Settlement Agreements, Resources, Tax Exemption, Uncategorized

Oftentimes I hear from clients that gathering their financial information is the most daunting task they will face during the divorce process. They picture being buried in an avalanche of documents, account numbers and canceled checks. The New Jersey Divorce App’s Finance Tracker can help.  In fact, I have recommended it to my clients before,… Continue Reading

SETTING ASIDE THE SETTLEMENT AGREEMENT WHEN NEW EVIDENCE COMES TO LIGHT

Posted in Modification, Property Settlement Agreements

As a litigant, you can only agree to settle based on what you know.  When the other party details their income, assets and liabilities by anwering discovery and producing documents under oath, signing a Case Information Statement under oath also detailing such information, testifying during a deposition that there exists nothing else, asserting throughout a… Continue Reading

WHAT’S IN A NAME? THE NJ SUPREME COURT TELLS US, AGAIN.

Posted in Custody, Modification, Visitation/Parenting Time

What’s in a name? Litigation over the surnames of the children of unmarried couples is not unusual, and our Supreme Court has addressed these issues a few times over the last two decades.  In those cases, a presumption in favor of the parent of primary residence was established, though subsequent to that, hyphenated names became more… Continue Reading

If You Think That You Have a Right To Privacy In Your Tax Returns After a Case is Over, Think Again

Posted in Alimony, Child Support, Modification, Practice Issues

In the typical divorce case, it is rare that parties are forced to turn their tax returns over to the other party year after year.  An exception to the general rule is when the support is being based upon some type of formula which requires income verification, but even then, the income is often, but… Continue Reading

WHAT TO DO WHEN ONE PARENT CONCEALS A DESIRE TO RELOCATE UNTIL AFTER CUSTODY IS RESOLVED

Posted in Custody, Modification, Visitation/Parenting Time

Picture this - you just settled the issues of custody and parenting time with your former spouse, and now she suddenly wants to move with the kids to another state, or to the complete opposite side of New Jersey (for those living in North Jersey, the trip down to South Jersey can take far longer than… Continue Reading

Just Because An Adult Child Lives at Home, Does Not Mean Child Support Continues

Posted in Child Support, College, Custody, Divorce, Interspousal Agreements, Modification

The number of college graduates living with their parents has almost doubled since 2007. Currently, over 45% of 26-year-olds live at home with their parents. The figures highlight the difficulty that many young Americans have had in establishing careers following the longest recession this country has faced since the Great Depression. Some children, although employed,… Continue Reading

Alimony Modification – A Judge’s Checklist

Posted in Alimony, Child Support, Divorce, Interspousal Agreements, Modification, Practice Issues, Property Settlement Agreements

Most people are aware that a supporting spouse may be entitled to modify an alimony obligation upon a showing of “changed circumstances.” However, many people do not know that the “leg-work” that they have to do to set themselves up to succeed on such a Motion begins long before the parties ever go to Court,… Continue Reading

For Self-Employed Litigants, Is There A Higher Standard for Modification of a Support Obligation?

Posted in Alimony, Child Support, Divorce, Modification, Practice Issues, Property Settlement Agreements

As a continuation to last week’s post regarding what happens when trial courts fail to grant hearings to supporting spouses when they may be warranted, i.e. upon a showing of changed circumstances, this blog post will focus on those times where a hearing is deemed unnecessary based on the facts of a given case. This… Continue Reading

Motions to Reduce Support: When Applications are Denied without a Plenary Hearing, What’s Next?

Posted in Alimony, Child Support, Divorce, Modification, Practice Issues, Property Settlement Agreements

In this economy, you would be surprised to see how many judges are jaded by applications brought by supporting spouses to reduce their support obligations based upon a reduction in income. After all, some judges entertain these applications on their daily docket and oftentimes see supporting spouses who are simply attempting to capitalize on the… Continue Reading

Surely I can get my alimony reduced after a 17 month job search resulting in a job with a 22% reduction in income?

Posted in Alimony, Modification

With the economic downturn and slow down in the economy since 2008, there has been a lot more post-judgment litigation to reduce alimony and child support. Much of this litigation has been legitimate; other has been brought by opportunists, throwing around buzzwords and crying about the economy when there is really no substantial change of… Continue Reading

I’m Entitled To Cost of Living Increases on Alimony, Right?

Posted in Alimony, Child Support, Modification, Practice Issues

Inflation impacts everyone, right?  As a result, one would think that alimony would routinely be subject to cost of living adjustments (COLA). In fact, we know that Rule 5:6B of the New Jersey Rules of Court states that "(a)ll orders and judgments that include child support entered, modified, or enforced on or after [the effective date of… Continue Reading

Another Reason to Settle – Parties can agree to things that Judge’s can’t mandate – like automatic reductions and formulas for alimony

Posted in Alimony, Modification, Practice Issues, Property Settlement Agreements

When settling a case, the parties and their lawyers can be far more creative in settlement then a judge can be if the case is tried.  While family judges have wide discretion in their decision making, creativity is crafting the most beneficial result for both parties is rarely something they can do.  In fact, in… Continue Reading

Sloppy Drafting of Marital Settlement Agreements Can Cause Great Harm – Usually to only one of the parties

Posted in Equitable Distribution, Modification, Practice Issues

In a perfect world, marital settlement agreements (MSAs a/k/a Property Settlement Agreements) are crystal clear and cover every possible contingency under the sun (I say this as when first drafting this post, I was being contacted frantically by a client regarding custody provisions in the event of school closure because of hurricane.)  That perfect world rarely… Continue Reading