Header graphic for print
NJ Family Legal Blog Pertinent Information As It Relates To New Jersey Family Laws

Tag Archives: Parsippany Divorce Attorneys

Dealing With The Diversionary Negotiator

Posted in Practice Issues

Recently, I did a blog entitled Putting a Stop to Threatening, Bad Faith Negotiations.  In that same case, what preceded the threats, were bad faith diversions or refusals to provide even the most basic of information necessary to settle the case – in this case, "how much are you going to earn this year?"  Alternating with… Continue Reading

DIVORCING YOUR CREDIT REPORTS

Posted in Equitable Distribution

Going through a divorce can be overwhelming – equitable distribution, visitation, alimony, child support, division of retirement accounts, where to live, re-entering the workforce.  All of these are important, long-lasting decisions.  But there is one thing that many people fail to consider during a divorce………..divorcing your credit reports.   Today, your credit report can have… Continue Reading

Paying Child Support through Probation – Anticipating a Cost of Living Adjustment (COLA)

Posted in Child Support

When negotiating the payment of child support, I discuss with my clients the implications of paying/receiving support through Probation.  One of the major implications of paying child support through Probation is the anticipation of a Cost of Living Adjustment, or COLA. Any child support order paid through Probation that was issued after September 1, 1998 is subject to… Continue Reading

NJ SUPREME COURT REVIEWS STANDARD FOR SIBLING VISITATION AFTER ADOPTION AND/OR PLACEMENT

Posted in Adoption, Grandparent visitation, Visitation/Parenting Time

I have previously posted several blog entries about custody and parental rights where DYFS ("Division of Youth & Family Services"), NJ’s child protective agency, has involvement.  To read those posts click here, here, or here. On September 29, 2010, the NJ Supreme Court issued an opinion addressing the standards to be applied to a sibling’s request for visitation… Continue Reading

ALIMONY LESSONS -1) MAKE SURE YOUR CIS IS ACCURATE, AND 2) REHAB ALIMONY CAN BE TURNED INTO PERMANENT ALIMONY

Posted in Alimony

I tell virtually every client I work with that the Case Information Statement which must be completed by anyone going through the formal divorce process in NJ is one of the most important documents to be completed – arguably, the most important document. The recent unpublished decision of Raesky v. Brody, A-6148-08T1, decided May 26,… Continue Reading

RELIGIOUS UPBRINGING AFTER DIVORCE – WHICH PARENT DECIDES?

Posted in Custody

Religion in both marriage and divorce is often a very delicate issue that can strain family relations and put family members at odds with each other.  The strain can be even greater when the parents are each of a different religion.   An interesting article from today’s Chicago Tribune by Manya A. Brachear called Religion Used as Weapon in Divorce focuses… Continue Reading

COLLEGE TUITION – WHO PAYS?

Posted in College

Post-judgment motions are common in family law, especially when it comes to paying for college tuition for the children of the divorced parties. Often times, older Property Settlement Agreements ("PSA") are ambiguous when it comes to which parent will pay a child’s college tuition. As was the situation in the recent unpublished decision in Orero… Continue Reading

THE SUPER BOWL AND DOMESTIC VIOLENCE?

Posted in Domestic Violence

Every year at about this time, you hear a supposed "fact" that Super Bowl Sunday is the biggest day of the year for domestic violence.  I even saw something on this this week on either Twitter or some news service.  I figured that I was use this blog to pass along a public service announcement about this scourge to… Continue Reading

QUESTIONS OF PATERNITY

Posted in Child Support, Paternity

We’ve all read the salacious gossip at the local food store news stand when popular celebrities bear children out of wedlock or famous couples battle it out in a nasty divorce and heartless allegations fly.  Even in those widely publicized cases, it can be an uncomfortable and awkward situation for any parent to question the… 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

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

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

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

STANDARD OF PROOF TO TERMINATE PARENTAL RIGHTS

Posted in Custody

The Division of Youth and Services ("DYFS") is this state’s prosecutorial agency for children who suffer from abuse and/or neglect at the hands of their caretakers.   DYFS is not an agency that many are or want to be familiar with.  For others, they are all too familiar with DYFS and the effect its involvement can have on their… Continue Reading