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

Tag Archives: plenary hearing

A BUSY WEEK FOR CHANGED CIRCUMSTANCES CONTINUES

Posted in Alimony

Following on the heels of an earlier blog entry this week addressing "alimony escalators" in the context of proving a change in circumstances meriting a decreased alimony obligation, a new unreported (not precedential) decision from the Appellate Division in the matter of Eick v. Eick, found that the husband had fulfilled his initial "changed circumstances" burden meriting… Continue Reading

Failure to Hold a Plenary Hearing When There Were Conflicting Certifications Regarding Alleged Fraud Was Reversible Error

Posted in Interspousal Agreements, Modification, Practice Issues

We have recently blogged on the requirement that there be oral argument on substantive motions if it is requested.  Another requirement is that court’s should hold plenary hearings (i.e. trials) when there are conflicting certifications regarding a material fact in dispute.  That requirement was made clear again in the unreported (non-precedential) decision in Marquez v. Cabrera released… Continue Reading

Appellate Division Reverses Award, Without a Plenary Hearing, of Joint Legal Custody, to Someone Guilty of Domestic Violence

Posted in Custody, Domestic Violence

On June 28, 2010, the Appellate Division released the unreported (non-precedential) opinion in the case of "O.R. v. H.S."  In this case, the Appellate Division reversed the trial court’s Order, rendered without a plenary hearing and where there were disputed facts, granting the defendant joint legal custody.  In this case, the parties were never married. While the… Continue Reading

HEARING FOR SERIAL FILER OF SUPPORT MODIFICATION MOTIONS – ANOTHER RESULT

Posted in Child Support, Modification, Practice Issues

Last week, I published a blog post entitled "No Hearing Required for Serial Modification Motions." To view that post, click here.  However, released on February 9th was the unreported decision in the case of Cordero v. Mora with a different result. To view the full text of the case, click here. This case involves the former Major… Continue Reading

NO HEARING REQUIRED FOR SERIAL MODIFICATION MOTIONS

Posted in Modification

On February 2, 2009, the Appellate Division released a reported (precedential) decision that affirmed a decision of the trial court denying the former husband’s motion for a downward modification of his alimony and child support obligations.  The Appellate Division found that the trial judge properly exercised his discretion particularly when viewed against his findings from… Continue Reading

DOES A NON-CUSTODIAL PARENT HAVE TO CONTRIBUTE TO A NANNY FOREVER? PROBABLY NOT

Posted in Child Support, Custody, Practice Issues

In some cases, either parties will agree or a court will Order the payment for a nanny.  In fact, this is typically in the nature of work related child care which is something that parents are typically required to share the costs of in accordance to their incomes under the Child Support Guidelines.  A question… Continue Reading