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

Tag Archives: Morris County Divorce Attorney

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

Free Divorce Seminars and Other Gimmicks?

Posted in Practice Issues

Someone recently showed me a bar coaster that was being used advertising for a divorce lawyer.  While amusing, maybe, are gimmicks, as opposed to something that suggests knowledge, expertise and/or experience, how you really want to find the lawyer that will be shepherding you through a very difficult time?  Similarly, when you see an ad where… Continue Reading

CHILD CARE EXPENSES AS CHILD SUPPORT?

Posted in Child Support

It is not uncommon for divorcing parties or parties who may have never married but share a child in common to face the issue of the costs of childcare.  In a time and economic climate where more often than not, both parents must work to support a household, payment of child care costs is an… Continue Reading

FREE DIVORCE SEMINARS????

Posted in Alimony, Child Support, Custody, Divorce, Equitable Distribution, Practice Issues

Driving around town this weekend, I saw many lawn signs, like those you would see for a political candidate, advertising a "Free Divorce Seminar." The old adage, "you get what you paid for" comes to mind.  While I am aware of the phenomena of these "seminars" over the last several years, putting aside potential conflict of… Continue Reading

SANCTIONS – A REALISTIC PUNISHMENT

Posted in Practice Issues

Week after week I find myself reading decisions that deal with the imposition of sanctions against one party in a family law matter and the validity of these sanctions.  Oddly enough it seems as though the recent flood of sanction-related cases have to do with a party’s aberrant behavior and the court’s attempt to curb… Continue Reading

THE BUSY SEASON

Posted in Alimony, Child Support, Practice Issues

Summer is over.  Kids are either back to school by now or will start by Tuesday.  The regular routine for most families will soon be back in full swing. Another phenomena occurs this time of year.  A surge of people call for divorce consultations.  At first I thought it odd or coincidental.  Over the last… Continue Reading

FIGHTS OVER CUSTODY – THE SAD TRUTH

Posted in Custody

In my opinion, perhaps the saddest and often most heart wrenching part of a family law matter is a fight over children.  Custody disputes are so personal and important to each side that if the right people aren’t involved they can get downright nasty and last many years.  This is especially so when children are… Continue Reading

INTEREST- PENALTY OR RIGHT BY CONTRACT?

Posted in Other

Oftentimes clients will ask once an Order or Judgment of Divorce is entered, what happens if he/she does not comply with its terms? The bitter and harsh truth is that an Order or Judgment is a piece of paper that is enforceable by the Court. So what does that mean exactly? Well, in simplest terms,… Continue Reading

APPELLATE DIVISION AFFIRMS ALIMONY RETROACTIVE TO FILING OF THE DIVORCE COMPLAINT EVEN WHERE THERE WAS NO PENDENTE LITE SUPPORT MOTION FILED DURING PENDENCY OF THE CASE

Posted in Alimony

i have heard on a number of occasions lawyers and judges saying that they cannot, at trial, award retroactive support for the pendency of case if no interim (called pendente lite in New Jersey) support motion was made seeking support. In the unreported case of Bright v. Bright decided July 9, 2009, the Appellate Division firmly holds to… Continue Reading

WHO PAYS THE COUNSEL FEES?

Posted in Other

If you’ve ever been involved in any type of litigation you are probably aware of how expensive the process can be.  Attorneys bill for their time.  In addition there are the copying costs, facsimiles, postage, etc.   When experts are involved those fees must also be accounted for. When a  trial is involved the fees can quickly… Continue Reading

COHABITATION TO TERMINATE ALIMONY?

Posted in Alimony

Many times a Property Settlement Agreement or Judgment of Divorce will address the payment of alimony.  An alimony calculation, among other factors, is calculated upon the length of the marriage, the income of the parties, the assets each will receive by way of the divorce, the age and health of the parties, and the age of children,… Continue Reading

RETROACTIVE MODIFICATION OF CHILD SUPPORT ALLOWED IN LIMITED CIRCUMSTANCES

Posted in Child Support, Modification

An opinion issued by Judge McGann in Monmouth County in December 2008 was released for publication in June 8, 2009.   In the case of Centanni v. Centanni, the Court held again that child support could be modified retroactively in limited circumstances. In this tragic case, one of the parties’ children died in a car accident in… Continue Reading

ALIMONY INCOME CONSIDERATIONS FOR CASH BUSINESSES

Posted in Alimony

While there are several factors that a court will consider when making a determination of whether to award alimony and the amount, one of the arguably most important is the income earned and the lifestyle of the parties enjoyed during the marriage. In the recent unpublished Appellate Division matter of Plocharczyk v. Plocharczyk, decided May… Continue Reading

DUE PROCESS AND FINAL RESTRAINING ORDERS

Posted in Domestic Violence

What seems to be a hot topic and one ripe for review for the Appellate Division is domestic violence and the entry of final restraining orders. I have posted several other blogs on this topic and yet again, the Appellate Division has issued an unpublished decision in the matter of F.R. v. E.B., decided April 6,… Continue Reading

The American Psychological Association Issues New Guidelines for Child Custody Evaluations in Family Law Proceedings

Posted in Custody, Grandparent visitation, Practice Issues, Visitation/Parenting Time

Last week, I authored and released a Family Law Alert regarding the new Guidelines for Child Custody Evaluations in Family Law Proceedings issued by the American Psychological Association Issues. To view a PDF version of the alert, click here.  The full text of the alert is as follows: The American Psychological Association (APA) notes that parties resolve… Continue Reading

POST DIVORCE MODIFICATIONS TO AGREEMENTS

Posted in Alimony

When most parties enter into what is commonly referred to as a Property Settlement or Marital Settlement Agreement, they do so with the intention that this is a comprehensive agreement, resolving all the issues and a document that will govern their dealings with an ex-spouse going forward. Oftentimes people are shocked to learn that some… Continue Reading