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

Tag Archives: Livingston Divorce Attorneys

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

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

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

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

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

HOW TO PROPERLY CALCULATE CHILD SUPPORT FOR MULTIPLE FAMILIES – THE APPELLATE DIVISION WEIGHS IN

Posted in Child Support

While the New Jersey Child Support Guidelines provides guidance on how to determine child support for multiple families, the Appellate Division in Harte v. Hand, a newly published (precedential) decision, provides a more detailed computation analysis that the Court describes as a “workable method” to achieve equity.  The Guidelines anticipate an adjustment when an payor must support more than… Continue Reading

HOW IS MARITAL LIFESTYLE DEFINED – DOES GNALL HELP WITH THE ANSWER?

Posted in Alimony, Child Support, Practice Issues

Yesterday, I blogged on the Gnall case for the proposition that it appears to say that a 15 year marriage automatically merits permanent alimony.  There were other interesting issues in Gnall too.  Particularly interesting was the discussion of marital lifestyle.  This issue is often vexing, and while there is a lot of discussion regarding marital… 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

More Considerations Regarding Life Insurance as Part of a Settlement

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

Last week, Jennifer Millner authorized a post  entitled “Don’t Forget to Check your Life Insurance!” on this blog.  Two weeks ago, I posted a blog about the seminar that I recently participated in regarding the top “financial mistakes”, focusing on possible overlooked considerations regarding the marital home.  At that seminar, I raised some additional points regarding life insurance that… Continue Reading

You Know You Are Getting To the Good Part of a Deposition When the Adversary Starts Obstructing the Deposition

Posted in Divorce, Practice Issues, Uncategorized

Back in the day, depositions could be wild shootouts, with numerous objections and arguments littering the record.  Many years ago, New Jersey, as did many other jurisdictions amended the court rules to limit the games and objections at a deposition.  Now, you really cannot object, at all, other than for form and privilege.  In fact, though… Continue Reading

FATHER’S DAY AND THE INCREASING ROLE OF DAD AS CARETAKER

Posted in Custody

With an increase in the number of working moms, stay-at-home dads, and more parents seeking a greater “work/life” balance, it is no surprise that the traditional parenting roles to which we have become accustomed continue to evolve.  This sentiment was echoed in a cover story featured in yesterday’s Father’s Day edition of the New Jersey Star… Continue Reading

A CHILD’S RELIGIOUS UPBRINGING – CHOOSE, BUT CHOOSE WISELY

Posted in Custody

Religion is always a delicate subject, whether being discussed between family or friends, in politics or at the dinner table, and the like.  This especially holds true in the area of family law.  Decisions regarding a child’s religious upbringing including, but not limited to, the choice of religion, exposing the child to a different religion, converting to… Continue Reading

Is Alimony Reform On Its Way in New Jersey

Posted in Alimony

There has been an alimony reform movement that has been gaining traction throughout the country.  Some of the major concerns appear to be this issue of permanent alimony and the lack of uniformity in alimony awards, both in amount and duration, from case to case.  In the recent past, alimony laws have been reformed in… Continue Reading