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

Tag Archives: Bergen County Divorce Attorneys

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

Read Aaron Weems’ Post Entitled “Handling the Holidays”

Posted in Custody, Visitation/Parenting Time

Keeping with our theme of custody and parenting related blog posts this weekend, I recommend that you read  Aaron Weems‘, an associate in our Bucks County office and editor of our Pennsylvania Family Law Blog recently post on that blog entitled "Handling the Holidays." Family lawyers, judges, parent coordinators often don’t look forward to holiday… Continue Reading

ARE MEDIATION PROCEEDINGS REALLY SACRED AND SECRET?

Posted in Divorce, Mediation/Arbitration

            Generally speaking, New Jersey statutes and court rules cloak settlement negotiations with secrecy (legally, called a “privilege”) such that what goes on in those proceedings are not evidential, that is, they are “privileged” from being disclosed to a court.             Somewhat of an exception arises in cases in which the negotiations produce an oral… Continue Reading

THE REALITIES OF DIVORCE ON THE SILVER SCREEN

Posted in Divorce

This past weekend, my wife and I saw the new film, "Crazy, Stupid, Love," the story of which revolves around a divorcing couple attempting to move on with their lives.  While I enjoyed the movie more than I thought I would, the purpose of this blog entry is not to give a movie review.  Rather, it is to focus… Continue Reading

Child Support and the Hard Life of a Supermodel

Posted in Child Support

Once again, I find myself turning to the New York Post for some of the most interesting family law news.  This week, they got me again when they wrote about supermodel, Linda Evangelista’s request for $46,000 per month in child support for the son that she had with Francois-Henri Pinault (CEO of the conglomerate that owns Gucci, Yves… Continue Reading

Same Sex Couples in NJ to File Lawsuit Seeking Civil Unions to be Recognized as Marriages

Posted in Civil Unions and Domestic Partnerships

On the heels of the new NY law permitting same-sex marriages, the issue has been constantly in the news of late (and the subject of our prior posts on the new law and on Governor Christie’s reaction to it).  In today’s Star Ledger , Matt Friedman reported on yet another issue, specifically, that same sex couples in… Continue Reading

New York State Passes Bill Approving Same Sex Marriage

Posted in Civil Unions and Domestic Partnerships

On June 24, 2011, New York Governor Andrew Cuomo signed into law a bill approving same sex-marriage.  The law goes in to effect in 30 days though religious institutions and nonprofit groups with religious affiliations will not be compelled to officiate these marriages. The legislation also gives same-sex couples the right to divorce.  As we have… Continue Reading

Read Mark Ashton’s Post Entitled “The Tangled World of International Custody; The Hague Convention”

Posted in Custody

Mark Ashton, a partner in our Exton (Chester County) office, and former editor of our Pennsylvania Family Law Blog, wrote on interesting post entitled "The Tangled World of International Custody; The Hague Convention" that was recently published on that blog. Mark’s post discusses that the May 13 edition of the Wall Street Journal featured an… Continue Reading

Read Leslie Spoltore’s Post on Delware’s New Civil Union Bill

Posted in Civil Unions and Domestic Partnerships

Leslie Spoltore, a partner in our Wilmington, Delaware office, wrote a post on the Delaware Trial Practice Blog entitled "Civil Union Bill Provides For Divorce/Annulment In the Delaware Family Court." The bill, which becomes effective on January 1, 2012, the right of a same-sex couple to both form a union, as well as the couple’s right… Continue Reading

Provision for Payment of Counsel Fees for Non-Compliance in Settlement Agreement Enforced by the Appellate Division

Posted in Counsel Fee Awards, Practice Issues

Very often, when parties settle their cases, in their Marital Settlement Agreement (a/k/a Property Settlement Agreement), there is a provision to the effect that if a party does not comply with the Agreement, they will be liable for the other party’s fees if the Agreement has to be enforced in Court.  That said, court’s more… Continue Reading