It should come as no surprise that a child’s best interests change over time. That is one of the reasons why, under the law, that custody and parenting time Orders
Continue Reading Moving Closer and a Child’s Maturation Can Be Changed Circumstances to Modify CustodyModification
Yes, Parties Can Agree to Waive the Change of Circumstances Standard
Parties can waive the change of circumstances requirement for custody and parenting time modification…
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I Guess Going From 50-50 to No Overnights for 19 Months Is a Change of Circumstances
When parenting time changes from 50-50 to no overnights, that is a change of circumstances.
Continue Reading I Guess Going From 50-50 to No Overnights for 19 Months Is a Change of Circumstances
If No Child Support Order Exists, You Don’t Need to Show a Change of Circumstances to Establish Child Support
Black letter law is that to change a child support Order, the person seeking a modification must show a substantial and continuing change of circumstances. But what is the standard…
Continue Reading If No Child Support Order Exists, You Don’t Need to Show a Change of Circumstances to Establish Child SupportSo Alimony Formulas are Sometimes OK?
Over the years, I have blogged several times on the Appellate Division rejecting a trial court’s use of a formula to calculate alimony as opposed to a fulsome consideration of…
Continue Reading So Alimony Formulas are Sometimes OK?Changes in Parenting Responsibilities Can Be a Change of Circumstances to Increase Alimony
Alimony is generally modifiable if a substantial and continuing change of circumstances can be shown. Typically, when we think about changes of circumstances in this regard, we generally look at…
Continue Reading Changes in Parenting Responsibilities Can Be a Change of Circumstances to Increase AlimonySupreme Court Decides Cardali – Prima Facie Case of Cohabitation Now Easier to Show
Despite the Appellate Division decision in the Temple case in 2021 that seemingly made it easier to show a prima facie case of cohabitation necessary to get discovery and perhaps…
Continue Reading Supreme Court Decides Cardali – Prima Facie Case of Cohabitation Now Easier to ShowBeware Of These Social Media Blunders If You’re Going Through a Divorce
It’s 2023. Oversharing on social media is the norm for so many. And interestingly, social media use upticks as spouses are contemplating divorce.
A 2014 study published in the journal…
Continue Reading Beware Of These Social Media Blunders If You’re Going Through a DivorceDelay, Waiver & Law of the Case Doctrine
Deadlines are commonplace in Marital Settlement Agreements negotiated incident to a divorce. In fact, most Orders from the Court contain time-sensitive obligations. But, what happens when someone misses that date…
Continue Reading Delay, Waiver & Law of the Case DoctrineAnother Parental Alienation Fiasco in the Courts
Parental alienation cases are hard. They are hard for the alienated parent. They are hard on the Judge, who may not have the tools or the time to effectively deal…
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