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

Tag Archives: Essex County Divorce Attorneys

PALIMONY REVIVED – NOT SO FAST – PART 2

Posted in Palimony

Regular readers of this blog know that we were involved in the landmark palimony case, Maeker v. Ross, which was recently decided by the New Jersey Supreme Court.  We previously blogged about our win in the Appellate Division. Unfortunately, the Supreme Court reversed, holding that the Legislature could not have intended for the statute to apply… Continue Reading

WEALTH IN DIVORCE AND ITS IMPACT ON CHILDREN

Posted in Custody, Divorce, Visitation/Parenting Time

An article today on Time’s website discussed the findings of a study comparing the behavioral trends of children of divorce from wealthy and lower income families.   The study, which was conducted by researchers at Georgetown University and the University of Chicago, divided a sample of approximately 4,000 children into three groups by income.  Interestingly,… Continue Reading

DIVORCE HOTEL – PARADISE OR PARADISE LOST?

Posted in Divorce, Mediation/Arbitration, Practice Issues

Some concepts never cease to amaze, especially when reality television is involved.  Promising an idyllic setting for a “quickie” divorce, the Gideon Putnam Resort in Saratoga Springs, New York, is welcoming couples who want to end their marriage while surrounded by golf courses, swimming pools, hiking trails and spa treatments.  While one can appreciate the… Continue Reading

MARRIAGE AT RISK IN TODAY’S ENVIRONMENT OF INCOME INEQUALITY?

Posted in Divorce, Practice Issues

In recent years, we have been repeatedly cautioned by government leaders and renowned economists that the wealth gap and income inequality in America is only getting worse.  As part of the widening gap, some experts describe a slow disappearance of the middle class, with individuals/families who formerly fulfilled that category now moving either up or… Continue Reading

APPELLATE DIVISION UPHOLDS AWARD OF PERMANENT ALIMONY IN 12 YEAR MARRIAGE WHERE WIFE SUFFERED FROM LUPUS

Posted in Alimony, Divorce

While there are few issues more controversial in New Jersey family law than that of permanent alimony, one circumstance in which courts have been relatively consistent in rendering such an award - where the circumstances may have, without such fact, merited a different result - is where the payee spouse suffers from some form of malady.  This was the… Continue Reading

YOU MAY BE WEALTHY, BUT IT MAY BE HARD TO PAY THE EQUITABLE DISTRIBUTION

Posted in Equitable Distribution, Practice Issues

You’re wealthy and entitled to a big settlement but does that mean that it will be easy to get your share of equitable distribution?  When all of the assets are valued, you are worth $2,000,000, $10,000,000, $25,000,000, $9 billion.  In many cases. the issue is less about the amount of the award of equitable distribution… Continue Reading

TAX COURT RULES HUSBAND’S ALIMONY PAYMENTS ARE REALLY NON-DEDUCTIBLE CHILD SUPPORT

Posted in Alimony, Child Support, Practice Issues

In Johnson v. Commissioner of Internal Revenue, an interesting new decision from the United States Tax Court, a former husband was held unable to deduct the payments to his ex-wife as alimony because the amount of such payment was subject to a “child-related contingency.”  Specifically, the parties’ divorce settlement agreement provided that “spousal maintenance” payments to… Continue Reading

DO NOT BE THAT DIVORCE LITIGANT

Posted in Practice Issues

There are always going to be those divorce litigants that, no matter what we say or do as the divorce lawyer, he or she is going to do what they want.  Legal advice, no matter how costly, falls on deaf ears, only leading to more counsel fees and issues to address in an ongoing matter. … Continue Reading

FACEBOOK PAGE OF NEW JERSEY TEEN SUING HER PARENTS CAN ONLY LEAD TO NO GOOD

Posted in Child Support, College

We have written many times on this blog about the dangers of using social media in connection with an ongoing divorce, custody dispute, domestic violence matter, and more.  Apparently Rachel Canning, the New Jersey teen suing her parents for financial support and college payments, is not a subscriber to the blog.  If she were, she… Continue Reading

APPELLATE DIVISION FINDS THAT TRIAL COURT ERRED IN DIVESTING NEW JERSEY OF JURISDICTION OVER CUSTODY AND PARENTING TIME ISSUES

Posted in Custody, Interspousal Agreements, Visitation/Parenting Time

Decisions involving New Jersey’s Uniform Child Custody and Jurisdiction Enforcement Act (UCCJEA) are often very complicated matters that require courts to undertake an extremely detailed, fact-specific analysis to ensure that the issue of jurisdiction – what state or country should hear the matter – is properly made.  As a result, before you review this blog post discussing S.B…. Continue Reading

THE PARTY, NOT THEIR LAWYER, IS SUPPOSED TO CO-PARENT WITH THEIR SPOUSE OR FORMER SPOUSE

Posted in Custody, Practice Issues, Visitation/Parenting Time

As Supreme Court Justice Potter Stewart said when discussing his threshhold for determining obscenity/pornography, “I know it when I see it, ” that is how I feel about emails regarding routine or what should be routine parenting issues that have been drafted not by one party, but by their lawyer.  The pretextual  blathering or legalese that… Continue Reading

WHEN DOES “ENOUGH” MEAN WHAT YOU ARE ENTITLED TO?

Posted in Alimony, Divorce, Equitable Distribution, Practice Issues

When I am representing the payee spouse (frequently also known as the financially inferior spouse, the spouse whose earning capacity pales in comparison to the payor spouse, and the like), I find it interesting when the attorney for the payor spouse tells me that my client should simply be happy with what her soon-to-be former spouse… Continue Reading

IN WITH THE LION – MARCH AS THE PEAK TIME FOR DIVORCE FILINGS.

Posted in Custody, Divorce

As our loyal readers may know, Eric Solotoff blogs annually about the so-called “New Year’s Resolution Divorce,” where the number of new clients walking through our doors spikes at the beginning of the new year.  There are, most definitely, verifiable statistics to show that this concept is for real.  A new cnn.com article, “In January ‘ex’… Continue Reading

BACK AWAY FROM YOUR IPHONE – THE PERILS OF SOCIAL MEDIA STRIKE AGAIN!

Posted in Custody, Divorce, Practice Issues

In reading about the massive case involving dozens of New York firefighters and police officers who are charged with defrauding the Social Security disability system by faking the nature of their own conditions in order to procure government benefits, key pieces of evidence collected by the Manhattan District Attorney’s Office include Facebook postings from the accused… Continue Reading