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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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APPELLATE DIVISION ADDRESSES NON-RELOCATION AGREEMENT IN NEW PUBLISHED DECISION

Posted in Custody, Modification, Visitation/Parenting Time

In many custody disputes, a primary area of concern is one parent’s ability to relocate with the children after the divorce is over.  Relocation requests have been characterized as often resulting in “heart-wrenching” decisions.  As we have previously discussed on this blog, the legal standard to be applied to a parent’s interstate removal application differs if… Continue Reading

Another Reminder that Parent Coordinators Are Not Replacements for Judges

Posted in Custody, Modification, Practice Issues, Visitation/Parenting Time

Whether it is because of busy dockets or the fact that the issues could be hard to decide, especially without a plenary hearing, the use of parent coordinators (PC) began becoming more frequent about 10 years ago.  Sometimes it was by consent but other times, it was foisted upon warring parties whether they wanted it or… Continue Reading

The Forgotten Insurance: Life Insurance to Secure Alimony & Child Support

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

When we all think of insurance, we often think of medical insurance, car insurance and homeowner’s insurance as these seem to be the necessary and everyday types of insurance. Life insurance, which for some can be synonymous with high premiums, is one of the first costs to go when seeking to reduce your budget. I… Continue Reading

Custody and Parenting Time Issues of the “Interstate Child”

Posted in Custody, Modification, Visitation/Parenting Time

In today’s ever-increasing mobile society, divorced or separate families find themselves relocating for a variety of reasons, including employment opportunities, new relationships, financial incentives and to be closer to family. But what happens after families relocate out-of-state and child custody issues arise? Which state has jurisdiction to hear the matter? Background In 1968, the Uniform… Continue Reading

Baby, Now You Really Can Drive My Car: Questions About Child Support & Driving Expenses, Answered

Posted in Child Support, Modification, Practice Issues

Ah, the moment you have been waiting for – nay, dreaming of – has arrived:  your child has gotten his or her driver’s license!  It was a long time coming, after 17 long, hard years of carpooling to school, arguing with the other parents about who is going to pick the kids up from their… Continue Reading

New Decision Provides Clarity on Impact of Retirement on Pre-Amendment Agreement

Posted in Alimony, Modification

As we have previously noted on this blog, some of the biggest changes in the 2014 alimony reform amendments came in connection with the issue of retirement.  In fact, the amendment to the alimony statute now has three different standards, one for early retirement, one for retirement at the attainment of full retirement age (i.e.… Continue Reading

APPELLATE DIVISION ADDRESSES RETIREMENT APPLICATION UNDER AMENDED ALIMONY LAW

Posted in Alimony, Divorce, Modification

Litigants and family lawyers have eagerly awaited each decision from the Appellate Division that could shed some light on the numerous provisions in the amended alimony law that became effective on September 10, 2014.  On November 6, 2015, the Court released an unpublished (not precedential) decision in Court v. Court, wherein the trial court’s order… Continue Reading

BE CAREFUL WHAT YOU WISH FOR…BECAUSE YOU JUST MIGHT GET IT

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

As a matter of public policy, New Jersey Courts favor the enforcement of agreements reached between parties. Since Marital Settlement Agreements (“MSA”) are entered into consensually and voluntarily, they are often approached with a predisposition in favor of their validity and enforceability.  That notwithstanding, these agreements are enforceable only if they are fair and equitable.… Continue Reading

Parents Required To Pay $16,000 Toward Estranged Daughter’s College Education

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

“Caitlyn’s parents Maura and Michael were young loves. Their marriage only lasted two and a half years but the two say they amicably parented to give their daughter the best life they could.” ABC News Anchor, Wendy Saltzman, reported on last night’s news. Caitlyn’s parents became estranged from their daughter when “Instead of following our… Continue Reading

STALKING THE SOUL: CO-PARENTING WITH AN ABUSIVE NARCISSIST (PART II)

Posted in Custody, Divorce, Modification, Practice Issues, Visitation/Parenting Time

“Whereas victims rarely know how to use the law in their favor, the aggressor instinctively deploys the necessary maneuvers.  Abusive behavior can be used to find fault in a divorce action. But how can one keep track of guilt by innuendo?” –Marie-France Hirigoyen, Stalking the Soul; Emotional Abuse and the Erosion of Identity. You know… Continue Reading

CHANGING YOUR NAME POST DIVORCE

Posted in Divorce, Modification, Other

In my opinion, most people (typically women) decide whether or not to change their name to a maiden name at the actual time of the divorce proceeding, if not sooner.  The decision is a largely personal one and in my years of practice I’ve heard the gamut of reasons why to or not to change from… Continue Reading

A CHANGE IS GONNA COME – NEW JERSEY LEGISLATURE OVERWHELMINGLY PASSES ALIMONY REFORM BILL

Posted in Alimony, Modification

After almost three years of legislative discussions, negotiations, arguments, and the like, alimony reform is coming to New Jersey in what is turning out to be light speed.  Late last week, the New Jersey State Assembly unanimously passed a compromised form of long-debated legislation that would represent what many consider to be a substantial overhaul of New… Continue Reading

TERMINATING ALIMONY FOR TERMINALLY ILL PATIENT, PART 2 – THE SUPPORTED SPOUSE

Posted in Alimony, Modification

Back in October, 2013, I blogged about losing a dear friend and client, Bill*, after his long battle with brain cancer, and unfortunately, also after a long battle with his former wife over his continued alimony obligation to her. (photo courtesy of freedigitalphotos.net) Over the past several months, I received many emails from people who… Continue Reading

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

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