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
Alienating Your Kids from Their Other Parent May Cost Your Kids Big When it Comes to Child Support and College.
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
Appellate Division Clears Up the Alimony Statute Application for Early Retirement in Pre-Amendment Cases
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,
Solving The Puzzle Now Will Hopefully Make For A Less Litigious Future
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
Make Sure to Enter QDROs At The Time of Divorce
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
Negotiating Future College Contributions in Divorce: A Cautionary Tale
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
Unhappy with a Family Court Order? Use Procedural Error to Cure a Substantive Mistake
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
How to Spring Clean Your Old Divorce Files
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,
Terms Reached in Mediation Are Not Enforceable Without a Signed Agreement
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
Opposing an Application to Modify or Terminate Alimony Upon Retirement? Be Ready to Address Your Ability to Have Saved Adequately for Retirement.
In the wake of the September 10, 2014 amendments to N.J.S.A. 2A:34-23, the legislature clarified the circumstances under which an alimony payor’s obligation can be modified or terminated due to the obligor’s intended or actual retirement. Under the statute as amended, when faced with an obligor’s application to modify or terminate alimony due to good