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

Tag Archives: Somerset County Divorce Attorneys

Divorce in Your Sixties – Is Permanent Alimony the Right Result?

Posted in Alimony

Wikipedia defines grey divorce as a "term referring to the demographic trend of an increasing divorce rate for older ("grey-haired") couples in long-lasting marriages."  Now while "grey divorces" of a short or mid length marriage provide challenges for a divorce attorney, many believe that divorces of long term marriages are easy.  Just whack up the assets 50-50, agree… Continue Reading

The Discovery Dance

Posted in Practice Issues

Some times, the most basic part of the case, discovery, can often be the most frustrating part.  In most cases, some amount of discovery is needed to do the due diligence necessary to bring a matter to its conclusion with some sense of comfort that the issues have been adequately addressed.  In complex cases, especially… Continue Reading

Custody – Back to Basics

Posted in Custody, Visitation/Parenting Time

Yesterday, my post on this blog was called "Alimony – Back to Basics."  Just like with alimony, over the years, we have had dozens of posts on this blog about custody and parenting issues.  However, just like with alimony, there are statutory factors that the court, as well as the custody experts, must consider when… Continue Reading

Parent’s rights under the Hague Convention Upheld

Posted in Custody

An interesting case was recently decided by the United Supreme Court involving an international custody dispute, which has particular relevance for members of the military. For the case, click here. When there are allegations of parental kidnapping, or an unlawful removal of children to another country, there is an international treaty, known has the The Hague… Continue Reading

Laches? We Don’t Need No Stinking Laches!

Posted in Child Support

Okay, now that I hooked you with a bad movie reference, lets talk about laches.  Laches has been defined in New Jersey family law as "… an equitable doctrine which penalizes knowing inaction by a party with a legal right from enforcing that right after passage of such a period of time that prejudice has resulted… Continue Reading

Getting Temporary Custody of a Relative Does Not Make You the Psychological Parent

Posted in Custody, Grandparent visitation, Visitation/Parenting Time

We don’t typically post about DYFS (now DCPP) or similar type cases on this blog as we usually focus on divorce and related issues. That said, for fun, I was reading the new cases that were decided yesterday and came upon a case that I found compelling, both because it indicated some systemic problems in custody cases and… Continue Reading

Motions to Reduce Support: When Applications are Denied without a Plenary Hearing, What’s Next?

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

In this economy, you would be surprised to see how many judges are jaded by applications brought by supporting spouses to reduce their support obligations based upon a reduction in income. After all, some judges entertain these applications on their daily docket and oftentimes see supporting spouses who are simply attempting to capitalize on the… Continue Reading

The Next Time the Judge Says You Can’t Have More Discovery, Remind Her of This Case

Posted in Practice Issues

Essentially, the Appellate Division confirmed that this is not a came and gamesmanship and playing hide the ball cannot be permitted. Most cases will settle but if a matter is going to be tried, the parties are entitled to have the evidence necessary to either prove or disprove issues at trial. Nothing less is acceptable. The search for the truth must be preserved and the court cannot permit the obfuscation of facts held solely by that party by allowing anything less than full discovery of those facts. Moreover, if that party will not provide discovery, court should, as is their right, draw adverse inferences against that party. The Court should not hurt the other party by shifting the burden of proof to that party and at the same time preventing that party from meeting their burden by obtaining the critical discovery.

If Parenting Time is Going to Be Conditioned on Both Sobriety and Total Abstinence, The Agreement Better Say So

Posted in Custody, Practice Issues, Visitation/Parenting Time

This is not a perfect world we live and and few of us are perfect and free from vices.  There is, however, a difference between imperfections and either addiction and/or mental illness that could impair a person’s ability to parent their children.  Often, when these issues arise, we try to build safeguards into agreements to… Continue Reading

Sloppy Drafting of Marital Settlement Agreements Can Cause Great Harm – Usually to only one of the parties

Posted in Equitable Distribution, Modification, Practice Issues

In a perfect world, marital settlement agreements (MSAs a/k/a Property Settlement Agreements) are crystal clear and cover every possible contingency under the sun (I say this as when first drafting this post, I was being contacted frantically by a client regarding custody provisions in the event of school closure because of hurricane.)  That perfect world rarely… Continue Reading

Want Your Day In Court? Think Twice.

Posted in Alimony, Child Support, Divorce, Equitable Distribution, Other

Divorce filings seem to be at an all-time high and, to no surprise, the trial courts are feeling the pressure.  Documents filed with the court can get lost in the shuffle.  Although motions should be addressed within 24 days from the initial filing date, it can take months until the court actually makes a decision.  By then,… Continue Reading

Alimony Fun Facts

Posted in Alimony

This being a family law blog, we talk about alimony a lot.  One reason is that, because there are no guidelines, only factors to consider, alimony is one of the more difficult issues to resolve.  How many years should it be for?  When is it permanent?  What does permanent really mean?  Is there a rule that you… Continue Reading

Has the “Off the Shelf” Parenting Plan Gone the Way of Rabbit Ear TV Antennas?

Posted in Custody, Visitation/Parenting Time

A few years ago, during a conference with a reasonably new judge used the term "off the shelf parenting plan" to describe what he assumed a normal parenting time plan should be.  This plan was alternate weekends, Friday to Sunday night, and one night per week for dinner.  While my client was happy, because she… Continue Reading

Did a Property Transfer Occur? Husband Could not Rely on the Property Settlement Agreement to Compel the Sale of the Marital Home Because the Deed Controlled.

Posted in Counsel Fee Awards, Divorce, Equitable Distribution, Interspousal Agreements, Modification, Practice Issues, Property Settlement Agreements

An interesting issue was recently considered by the Court in the case of Muller v. Muller. Specifically, the Appellate Division examined whether a husband could compel the sale of the marital home when he had conveyed his interest by way of deed about ten years earlier, but the parties’ Property Settlement Agreement (“PSA”) had provided… Continue Reading

TO INCLUDE OR EXCLUDE MANDATORY CONTRIBUTIONS IN DETERMINING INCOME – A BASE-LEVEL ANALYSIS

Posted in Alimony

In determining a payor spouse’s gross income in analyzing an appropriate level of alimony or child support, one question that arises on occasion is whether to include so-called "mandatory" contributions to the total number.  For instance, if the payor spouse is required by his employer to contribute $30,000 per year towards his 401(k), should such… Continue Reading

GIFTS UNDER THE UNIFORM TRANSFERS TO MINORS ACT – AN ADDITION TO CHILD SUPPORT

Posted in Child Support

In Ferraro v. Ferraro, a new unpublished (not precedential) decision from the Appellate Division, the Court reaffirmed the notion that gifts made to children under the Uniform Transfers to Minors Act (UTMA) are "in addition to, not in substitution for, and does not affect any obligation of a person to support the minor."  Before getting into… Continue Reading