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Frequently, judicial opinions cite the cases that say settlement of disputes ranks high in New Jersey’s public policy. Accordingly, it is very difficult to get a trial court to set aside, and most of the time, a motion to set aside a judgment or order is required to be filed…
Continue Reading Appellate Division Overturns Order Denying Motion to Vacate 8 Year Old Divorce for FraudWhen parties get divorced and there are children in high school or younger, they often…
Continue Reading Appellate Division Reverses Court Imposed Cap on College ContributionsSadly, serious fractures in a parent-child relationship come up frequently in our practice. Sometimes, it…
Continue Reading COURT DELAYS REUNIFICATION THERAPY DEFERRING TO THE WISHES OF A 12 YEAR OLDAs we have written before, alternate dispute resolution is a favored way to resolve divorce…
Continue Reading No “Do-Overs” When You Agree to Arbitrate Your DivorceThe Latest
In a recent unpublished (non-precedential) Appellate Division decision, K.W. v. S.W., the Court addressed income, expenses and bad faith within the context of a child support calculation and ongoing custody…
Continue Reading THIS IS WHAT HAPPENS WHEN YOU ARE SELF-EMPLOYED AND PLAY GAMES WITH YOUR INCOMESo you are in court or maybe on a conference with a judge and you make a factual statement about the other side. Maybe it is about some less than…
Continue Reading Whataboutism – It isn’t Just for Politics AnymoreCOUNSEL FEE AWARDS FOR CHILD-RELATED LITIGATION CAN BE QUALIFIED AS SUPPORT TO RESTRAIN THE OBLIGOR DISCHARGING THE OBLIGATION IN BANKRUPTCY – BISBING II
We previously blogged about the Bisbing matter with respect to the precedent-setting decision that modified the standard for a custodial parent seeking to relocate with the minor children outside of…
Continue Reading COUNSEL FEE AWARDS FOR CHILD-RELATED LITIGATION CAN BE QUALIFIED AS SUPPORT TO RESTRAIN THE OBLIGOR DISCHARGING THE OBLIGATION IN BANKRUPTCY – BISBING IIChild Support and Residing Away from Home at Boarding School: the Logical Extension of the College Support Analysis
The Appellate Division’s July 6, 2021 decision follows nearly a decade of post-judgment divorce litigation between the parties. Defendant appealed three (3) Family Part orders which (1) denied his motion…
Continue Reading Child Support and Residing Away from Home at Boarding School: the Logical Extension of the College Support AnalysisVaccination Disputes Between Parents With Joint Legal Custody Are Guided by the Best Interests of the Child
Vaccinations will likely become a hot topic in matters of divorced or separated parents in a post-pandemic world with vaccines now available to children ages 12 and up, and possible…
Continue Reading Vaccination Disputes Between Parents With Joint Legal Custody Are Guided by the Best Interests of the ChildAppellate Division Defines the Elements a Movant Must Present in Order to Demonstrate a Prima Facie Case of Cohabitation
Six years, nine months and 7 days following the enactment of New Jersey’s amended alimony statute’s cohabitation provision on September 10, 2014 (N.J.S.A. 2A:32-23n) the New Jersey Appellate Division provided…
Continue Reading Appellate Division Defines the Elements a Movant Must Present in Order to Demonstrate a Prima Facie Case of CohabitationHave Judges Been Getting the Standard for Motions for Reconsideration Wrong All Along?
You see it all of the time. Someone file a motion with the court regarding discovery and/or asking for various pendente lite relief, like temporary support, temporary parenting time and…
Continue Reading Have Judges Been Getting the Standard for Motions for Reconsideration Wrong All Along?How is Deferred Compensation that is Granted Pre-Complaint, but Vests Post-Complaint, Divided?
Last week, I blogged on the A.J.V. v. M.M.V. case, specifically, regarding the retroactive application of a savings component. As noted in the post, there was an interesting treatment of…
Continue Reading How is Deferred Compensation that is Granted Pre-Complaint, but Vests Post-Complaint, Divided?Can a Judge Add a Savings Component to Alimony and Apply it Retroactively to the Beginning of the Case? Does a Frugal Lifestyle Even Matter?
While the issue of savings being a component of alimony has been around for decades, since the Lombardi case in 2016 (which we previously blogged about), the issue of…
Continue Reading Can a Judge Add a Savings Component to Alimony and Apply it Retroactively to the Beginning of the Case? Does a Frugal Lifestyle Even Matter?The Family Law Practice Group
Family law issues frequently involve a complex mixture of emotion, history, assets and goals. Fox Rothschild’s experienced family law attorneys provide clients with comprehensive representation and guidance to enable sound and creative thinking about their plans for the future.