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 Custody
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
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 Support
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?
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 Alimony
We live in a very transient society; particularly New Jersey. There is greater outbound traffic from New Jersey than any other State. The reasons for these moves may vary, but
Continue Reading Temporary Absences & Custody Determinations under the New Jersey UCCJEAIt’s a story as old as time in the New Jersey courts. Alimony is set based upon the income of parties to a divorce, but then years later, a spouse
Continue Reading Alimony Obligors May Find Relief for Decreased Income Under New Statute
Too often in family law practice, the discovery process by which one litigant is supposed to procure information from the other litigant becomes a frustrating and costly game where the
Continue Reading Appellate Division Upholds Ultimate Price Against Litigant for Playing Discovery Games
As regular readers of this blog may know, cohabitation has been a hot topic of discussion in recent months with several new cases addressing the subject within and beyond the
Continue Reading Appellate Division Finds Payor Spouse Fails to Fulfill Initial Burden of Proof on Cohabitation Claim
The amended alimony law that went into effect in late 2014 raised many questions as to the meaning of its terms and how such terms will be applied, especially as
Continue Reading Court Defines “Prospective Retirement” Under Amended Alimony Law