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

Tag Archives: Bergen County Divorce Attorneys

A Tri-Parenting Conundrum and the Evolution of Custody and Parenting Time

Posted in Civil Unions and Domestic Partnerships, Custody, Paternity, Visitation/Parenting Time

In the recently published 67-page trial court decision of D.G. and S.H. v. K.S., the trial court dealt with the novel issue of custody and parenting time in a “tri-parenting” relationship. In that matter, D.G. and his husband, S.H., along with their friend K.S. embarked on a journey of conceiving and raising a child together.… Continue Reading

NEW JERSEY EMANCIPATION STATUTE SIGNED BY GOVERNOR CHRISTIE

Posted in Child Support, College

On Tuesday, January 19th, Governor Christie took a break from his busy presidential campaign to sign several new pieces of pending legislation, one of which was New Jersey’s pending emancipation statute that dramatically impacts upon child support and when/how it terminates.  The new law, which takes effect on the first day of the 13th month after… Continue Reading

The Doctrine of Fugitive Disentitlement and Its Impact on Child Custody Matters

Posted in Custody, Palimony

The doctrine of fugitive disentitlement bars a fugitive from seeking relief in the judicial system whose authority he or she evades, i.e. one cannot flee the country and evade a court order and simultaneously seek the court’s protection. Justice Virginia Long (now retired from the Supreme Court and Counsel at this firm) set forth the standards… 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  On November 6, 2015, the Court released an unpublished (not precedential) decision in Court v. Court, wherein the trial court’s order… Continue Reading

THE NEW YORK TIMES PRESENTS A “PORTRAIT OF THE MODERN FAMILY”

Posted in Custody, Divorce

I was recently reading a New York Times article from early November entitled “Stressed, Tired, Rushed:  A Portrait of the Modern Family”, and couldn’t help but see the commonalities between today’s modern family and the ever-changing issues raised in divorce. The author, Claire Cain Miller, citing from a new Pew Research Center Study, conveyed to readers what… Continue Reading

TURKEYS, AND CHRISTMAS TREES, AND MENORAHS…OY VEY

Posted in Divorce, Practice Issues, Visitation/Parenting Time

Ah, Thanksgiving, Christmas and Hanukkah.  What many people generally consider to be the most important holidays of the year are upon us.  The time of year for being thankful, enjoying good food, football on Thanksgiving or basketball on Christmas, and celebrating with family another year gone by.  After almost eight years, this blog contains so many… Continue Reading

AVAILABLE REMEDIES WHEN A PARENT VIOLATES A CUSTODY OR PARENTING TIME ORDER

Posted in Custody, Visitation/Parenting Time

Clients with children often ask what can a court do if the other parent violates an existing custody or parenting time order.  The level of emotion and concern raised by such violations can be overwhelming and, oftentimes, victimized parents do not know what to do or where to turn.  Just a few of the issues and questions may be:… Continue Reading

HALLOWEEN FAMILY LAW HORROR STORIES

Posted in Divorce, Practice Issues

Michael Myers’ favorite day of the year is upon us!  Halloween is here and for New Jersey kids that means trick or treating, trunk or treating (a very Jerseyish-type deviation), mischief night (lock up your eggs, shaving cream and toilet paper), costumes, scary stories, horror movies and more.  For me, it provides the perfect opportunity to… Continue Reading

APPELLATE DIVISION HOLDS AMENDED ALIMONY LAW DOES NOT APPLY TO POST-JUDGMENT ORDERS FINALIZED BEFORE LAW’S EFFECTIVE DATE

Posted in Alimony, Cohabitants' Rights

With New Jersey’s amended alimony statute becoming effective on September 10, 2014, many questions have arisen as to how the statute will apply and the meaning of many of the new terms contained therein.  The Appellate Division’s newly reported (precedential) decision in Spangenberg v. Kolakowski provides some insight from the judiciary that we have been… Continue Reading

Supreme Court of New Jersey Creates Unified Mental Health Service Provider Privilege

Posted in Custody, Practice Issues, Visitation/Parenting Time

The question of a parent’s mental health often arises in the midst of a custody dispute, with a family court judge faced with the difficult questions of whether there actually exists a mental health issue and, if so, how does it impact upon the child’s best interests under New Jersey’s custody statute.  While the “fitness… Continue Reading

Enter the Realm of Reasonableness

Posted in Practice Issues

Yesterday, I blogged about the illusory "final offer", noting that most cases settle.  The reason for that is that there is a realm of reason, a range if you will, where cases with similar facts and circumstances, should resolve themselves based upon experience, statutes, case law, Guidelines, etc.  In most cases, absent wide valuation disparities, esoteric issues, bona… Continue Reading

Laches? We Don’t Need No Stinking Laches!

Posted in Child Support

Okay, now that I hooked you with a bad movie reference, lets talk about laches.  Laches has been defined in New Jersey family law as "… an equitable doctrine which penalizes knowing inaction by a party with a legal right from enforcing that right after passage of such a period of time that prejudice has resulted… 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

Parenting Coordinator Pilot Program Ends – Katy Bar The Door

Posted in Custody, Practice Issues, Visitation/Parenting Time

Yesterday, Judge Grant, the Acting Administrative Director of the Courts, announced that effective November 26, 2012, the Parenting Coordinator Pilot Program would be ending. The notice further provides that judges may still appoint parenting coordinators (PCs) and even provides model, but not mandatory, Orders for the their appointment.  To those who oppose the use parenting coordinators,… Continue Reading

Read Matt Levitsky’s Post Entitled “Who Gets to Claim the Child if there is 50/50 Custody?”

Posted in Child Support, Tax Exemption

Matt Levitsky, an associate in our Montgomery County, Pennsylvania office wrote a guest blog for our fir’s Pennsylvania Family Law Blog entitled "Who Gets to Claim the child if there is 50/50 Custody?" Matt’s post talks about the four prong test and the fact that at the end of the day, all other things being equal, the… Continue Reading

Has the “Off the Shelf” Parenting Plan Gone the Way of Rabbit Ear TV Antennas?

Posted in Custody, Visitation/Parenting Time

A few years ago, during a conference with a reasonably new judge used the term "off the shelf parenting plan" to describe what he assumed a normal parenting time plan should be.  This plan was alternate weekends, Friday to Sunday night, and one night per week for dinner.  While my client was happy, because she… Continue Reading

TO INCLUDE OR EXCLUDE MANDATORY CONTRIBUTIONS IN DETERMINING INCOME – A BASE-LEVEL ANALYSIS

Posted in Alimony

In determining a payor spouse’s gross income in analyzing an appropriate level of alimony or child support, one question that arises on occasion is whether to include so-called "mandatory" contributions to the total number.  For instance, if the payor spouse is required by his employer to contribute $30,000 per year towards his 401(k), should such… Continue Reading