Your spouse cheated. Or perhaps he or she walked out, ruining the life you had worked so hard to have for your family. Now the whole Earth is tilted on its axis and the future holds uncertainty, a lifestyle far different from that which you have had for years, and being yet another "broken family." … Continue Reading
Tag Archives: Princeton Divorce Attorneys
THE ‘RIGHT’ TO AN ATTORNEY IS NOT CREATED EQUAL
Posted in Domestic ViolenceWe have all heard at one time or another, whether in a movie or television show, a police officer inform a person of their right to have a lawyer appointed to them if they cannot afford one. As a general rule, the assistance of appointed counsel guaranteed by the Sixth Amendment for criminal matters, applies… Continue Reading
Where to go when problems arise after the kids move to another State
Posted in Custody, DivorceWe have all grappled with the fact that former spouses move, and oftentimes, a residential parent wants to take the children with her or him. While we have previously discussed the issue of removal in other posts, a recent decision discusses the issue of which court a parent must look to in the case of a… Continue Reading
The December Dilema- Divorce Style
Posted in CustodyWith the holiday season upon us, this is the time of year when matrimonial lawyers face all kinds of questions from our clients. Special situation arise which were unanticipated at the time of the break up arise, parenting time changes, as well as arguments about which parent gets to purchase certain presents for the children. New relationships… Continue Reading
A New case on Child Support for a College Student
Posted in CollegeAs many parents get ready to send their children off to college, those who are collecting child support from a non custodial parent wonder how their child support may be affected. The New Jersey Child Support Guidelines are applicable when computing child support for children who are less than 18 or more than 18 and attending high school… Continue Reading
Taxes and the Child Support Guidelines
Posted in Child SupportBeware the tax calculations in the child support guidelines’ automatic calculator. You be getting less support that you should be. At a time when the NJ Child Support guidelines are notoriously low, it is important to make sure that an obligor’s net income is appropriately calculated in order to asses whether the correct amount of… Continue Reading
Concerns about the actions of a business partner in divorce
Posted in OtherOftentimes, when a party to a divorce action is a partner in a small company or partnership, suspicion falls to the other partner or business. I am often told by my client that he or she is sure that the other partner is helping hide money or engaging in some behavior in order to lower the value… Continue Reading
College Applications from the Custodial Parent’s perspective
Posted in CollegeWe are in the season that High School seniors and their parents suffer from college anxiety. Figuring how to pay that tuition bill is stress enough in a two parent, happy household. In cases of divorced or separated parents, it can be overwhelming. Spring is when I receive most inquiries from clients about the payment of college tuition… Continue Reading
Another blow for child support collection
Posted in Child SupportAs if it isn’t hard enough for custodial parents to collect child support arrears, the New Jersey Appellate Division just decided a case in which it was held that the United States government cannot be held responsible for damages when it fails to pay support arrears from payments due to an obligor. In the recent… Continue Reading
Second Families bring financial changes
Posted in Practice IssuesWe have in the past blogged on cases which have been decided involving applications for a modification of support obligations based upon economic changes in circumstances. While the vast majority of these have been related to decreases in income due to the current economic times, there are other reasons why a request for a change might… Continue Reading
Relocating with a Child and taking an Extended Vacation: What is the Standard?
Posted in Custody, Divorce, Modification, Visitation/Parenting TimeIt is well-settled law in New Jersey that prior to the relocation of a child from the this state by a custodial parent on a permanent basis, the parent first must formally request leave from the Court. The court will then examine the move under the factors set forth in the seminal case Baures v…. Continue Reading
Changed Circumstances Is A Two Way Street, the Appellate Division Says
Posted in Alimony, Child Support, Divorce, Interspousal Agreements, Modification, Practice Issues, Property Settlement AgreementsIt is well-settled law in New Jersey that child support and alimony awards are always modifiable. While there is an abundance of case law in the area of post-judgment modifications of support obligations, particularly in this economic climate, the most often cited case for modification is the seminal New Jersey case of Lepis v. Lepis,… Continue Reading
THE TREATMENT OF MILITARY PENSIONS IN NEW JERSEY: THE APPELLATE DIVISION SPEAKS, IS THE COVERTURE FRACTION STILL VIABLE?
Posted in Equitable Distribution, Interspousal Agreements, Property Settlement AgreementsThis blog post is written with input from Eliana T. Baer, who, along with Robert A. Epstein, was instrumental to the outcome of the below case. I thank them both for their extensive time and efforts, without which this result would not have been possible. An important reported decision was decided by the Appellate Division… Continue Reading
Making sure Child Support covers actual Needs
Posted in Child SupportAre your expenditures for your children “average?” Be careful to make sure that all of your children’s expenses are included in child support. Most parents going through the divorce process are aware that New Jersey has guidelines to assist courts in determining support for children. But many do not know what exactly the guidelines are supposed to cover… Continue Reading
He Who Hesitates (To Sell A Former Marital Home) May Have Lost
Posted in Equitable DistributionThe last two weeks have seen significant activity in the area of former marital home sales. Two weeks ago, the New Jersey Supreme Court agreed to hear Sachau v. Sachau, a case in which the parties’ settlement agreement had anticipated that the marital home would be sold in or about 1984, after the youngest child graduated… Continue Reading
Divorce Insurance: a New Trend?
Posted in Alimony, Child Support, Divorce, OtherSurfing the internet on a recent morning, I noticed an advertisement for divorce insurance. This was news to me, as I had never seen nor heard anyone talk about such a thing. Practicing family law for twenty years, you would think that I would have noticed this before, but I haven’t. Indeed ,the website that I was viewing… Continue Reading
Stay at home Parents and the Alimony Matrix
Posted in AlimonyIn the last several years, I have noticed a shift in the attitudes of judges and lawyers towards women who have spent a long term marriage working within the home raising a family. In New Jersey, there are thirteen factors which are considered when determining alimony, but our case law provides that two of the more important are… Continue Reading
Fraudulent Inducement to Marry Enough to Confer Jurisdiction in an International Custody Battle
Posted in CustodyThe following entry was prepared by Eliana Baer, an associate in our Princeton office. We previously blogged on the United States Supreme Court’s decision in Abbott v. Abbott, which addressed the meaning of the “right of custody” under the Hague convention. There, the Supreme Court reversed the decision of the Court of Appeals for the… Continue Reading
Valid Religious Marital-Type Agreements Upheld in Family Court
Posted in OtherAgreements between spouses, or those who are betrothed, are to be considered by judges as any other contracts, and can be subject to enforcement by the courts. Such is the cases with agreements under Islamic law, commonly referred to as “Mahr” agreements. In a recent case, the court affirmed that such an agreement can be enforceable in… Continue Reading
U.S. Supreme Court Rules on the Issue of International Child Custody
Posted in CustodyThe following blog has been written by Eliana Baer, an associate of the firm resident in our Princeton office. In our increasingly mobile society, it is no surprise that the issue of international child abduction has emerged as one of the new “hot topics” in family law. On May 17, 2010, the United States Supreme Court issued… Continue Reading
Living Together in the Toughest of Times
Posted in DivorceI read a news article recently that listed ten signs the economy is still struggling. One of the ten was a statement that many divorcing couples continue to remain in the marital home while the divorce is pending. While I do not have any empirical data to substantiate that statement, my anecdotal information does indeed confirm that… Continue Reading
Show me the Documents
Posted in Equitable Distribution, Estate and Trust Issues, Practice Issues, Property Settlement AgreementsA recent case was filed concerning a woman who entered into a Marital Settlement Agreement with her then husband in which the marital home was not to be sold immediately, but provided for how the proceeds would be distributed when it was. The Husband, however, was in poor health, and the agreement did not provide for… Continue Reading
Please, Please, Please, get a Lawyer
Posted in Equitable Distribution, Interspousal AgreementsWhen lawyers say you should never represent yourself, even in so called, “simple” cases, they are often accused of being greedy, driving up fees, and unwilling to acknowledge that there are smart people out there that are capable of working out the terms of a settlement. I have recently been involved in a case which has… Continue Reading
But I need Help Now!
Posted in Practice IssuesWhen a client comes in for a first meeting for a divorce consultation, it is often when things at home has reached a crisis whether it be financial, or something having to do with the children. Although a divorce, start to finish, can last more than a year in the Courts, there are remedies available to… Continue Reading