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…
Here in New Jersey, divorced parents are generally obligated to contribute to the college education expenses for their un-emancipated children. In virtually every marital settlement agreement where there are un-emancipated children (the agreement the parties to a divorce enter into in resolution of all of their financial and/or parenting time issues), there is some sort…
The Appellate Division recently published a decision, Amzler v. Amzler, making it precedent setting on the use of the new alimony statute in a case of a payor’s early retirement, where parties entered into an alimony agreement prior to its enactment in September 2014. While 2014 may feel like years ago because it was,…
One of the hardest lessons I learned in my early days of practicing family law is that a case is never really over when we think it’s over. I remember walking out of my first uncontested hearing so proud that I helped finalize a client’s divorce, emotional for their loss (yes, it happened to be…
We recently received a favorable appellate decision on behalf of our client whose ex-husband tried to manipulate their divorce agreement regarding distribution of his New Jersey PERS pension (“pension”) nearly three decades after the agreement was signed. We did not represent her at the time of the divorce, but did represent her to defend against …
A recent Appellate Division case reminds us of the potential pitfalls of negotiating contingent issues in property settlement agreements, specifically as it relates to contribution to future college costs of children born of the marriage.
In Zegarski v. Zegarski, the parties had four children, with the two oldest already attending in-state college at the…
Some people think there are no winners in divorce court. While I like to have a more optimistic outlook, it goes without saying that family law cases sometimes yield unhappy litigants. With emotions running high and issues so personal in nature, it is common to have one, or both, parties unhappy with a decision of…
Ahhh, April. This month always feels like a fresh start for me. The sun emerges and it starts to truly feel like spring. April also happens to be my birth month, so I can’t help but feel refreshed and energized at the start of this season.
There’s a reason why “spring cleaning” is a thing,…
In the recent unpublished (non-precedential) decision of Mathurin v. Matrhurin, the Appellate Division again confirmed that (1) agreements reached in mediation are not binding unless the terms are reduced to a writing signed by the parties and, ostensibly, their attorneys if present, and (2) absent such a writing, the court cannot consider discussions, unsigned…
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