The newly unreported (does not set precedent) decision of Covone v. Curreri makes two bold moves: (1) asserting that the passage of time is not a change in circumstance warranting a modification to child support and (2) confirming that the trial court has authority to allocate expenses between parents even without proof of their financial
NJ Divorce Court State of Play After 6 Months of COVID 19 Restrictions
Two common questions I hear from potential clients, as well as the general public, are (1) are the courts open and (2) can people even file new matters (divorce, enforcement, modification, etc.) Some express shock when then learn that the Courts never actually closed – well sort of.
In March and early April, there was,
Statutes and Subsequent Qualification by the Supreme Court – They Both Matter.
In a recent decision, E.H. v. K.H., the Appellate Division made clear that a finding of harassment in connection with the entry of a domestic violence restraining order must be based upon a judge’s findings on all elements of the criminal statute incorporated in the New Jersey Prevention Against Domestic Violence Act, qualified by
The Appellate Division Reaffirms the Basic Tenets of Who You Can Get a Final Restraining Order Against
It is important to understand the requirements to obtain a Final Restraining Order or to defend against the entry of one. Through case law and the New Jersey legislature, there are specific requirements that need to be met. In the recent unpublished decision, the Court reaffirms that both litigants and attorneys cannot stray away from
New Reported Decision Confirms that Partition Remains an Equitable Remedy for Unmarried Cohabitants Without a Writing Despite 2010 Palimony Amendment
A new reported trial court decision, S.N. v. C.R.was released today, confirming that the remedy of partition is still available when non-married parties purchase a home together and there is evidence that the purchase is a joint venture, even if they do not have a writing as required by the 2010 amendment regarding palimony
The Best Interests of the Child Remains the Focus of Name Change Applications
In Z.A. v. R.V., Jr., an unpublished Appellate Division case, meaning not precedential, the Appellate Division ruled that the best interests of the child governs a surname change. This rationale falls squarely with the court’s previous cases that a child’s name change must be evaluated under the best interest standard. Emma v. Evans,
For Custody Jurisdiction, The Facts, Not Agreements, Matter More
In Orr v. Johnson, an unpublished decision (meaning not precedential), the Appellate Division reviewed a jurisdictional issue between two parents – one living in New Jersey and one living in Virginia – and whether the written agreement between them was conclusive of jurisdiction under the Uniform Child Custody Jurisdiction Enforcement Act (“UCCJEA”). Because the
The Modern Family Now Falls Under The Scope Of The Domestic Violence Act In New Jersey
The issue in the published trial court decision, S.C. v. J.D., reviewed what is a “household member” under the Prevention of Domestic Violence Act (“PDVA”) pursuant to N.J.S.A. 2C:25-17 to -35. The plaintiff, “Samantha”, filed a temporary restraining order against her half-sibling, “Jake”, alleging assault and terroristic threats. The two share the same father.
The Right Way to Get an Above-The-Guidelines Child Support Award, Counsel Fees and Argue for Imputation
The new unpublished case of Nabbie v. O’Connor is a good review of above-the-guidelines child support, income imputation and counsel fees. Child support guidelines are only applicable for the total support award when parents earn combined net income of $187,200 per year. What happens to the remainder of support? It’s reviewed based upon the child’s
Coronavirus Creates Estate Planning Opportunities – Divorce Too?
Over the last several weeks, via emails, attending webinars and otherwise, I have frequently heard that the coronavirus may create significant estate planning opportunities. In fact, while writing this post, I Googled “coronavirus and estate planning opportunities” and got 544 million results in .46 seconds. While I am sure that not all of the results