For many divorce attorneys, the busy season starts after the first of the year. For the last several years, I have posted on the phenomenon of the New Year’s Resolution Divorce. For whatever reason, this post has struck a chord and has been both well received and cited by other bloggers. As such, given that
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
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
As if it Wasn’t Clear the First Time, The Appellate Division Rules On the Impact of a Social Security Administration Disability Determination on Support- Again
In a recent published (precedential) decision, Gormley v. Gormley, the Appellate Division cleared up confusion between two prior cases that dealt with the impact of a determination of disability by the Social Security Administration upon support.
In Gormley, the parties were divorcing. The Wife in this matter had been diagnosed with multiple sclerosis
New Jersey Appellate Division Examines the Meaning of “Dating Relationship” in Domestic Violence Cases.
I have written about the requirements of obtaining a domestic violence final restraining order (“FRO”) under the New Jersey Prevention Against Domestic Violence Act (“the Act”) previously on this blog. One of the three main criteria the Court must look at when determining whether to grant a final restraining order in such cases is the
How the Economic Downturn and Financial Impact of Coronavirus Could Be Felt in 2021 and Beyond
An all too familiar, if not overused, term to describe all thing Covid 19/Corona virus is “unprecedented.” In an attempt to avoid politics, whether any of this was foreseeable or not, there is no dispute of the absolute financial devastation that the world wide pandemic as created. The stock market has cratered, many people are
Decision of Errors – Imputation, Disability, Need for Support and Deviating from Guidelines
The recent unpublished decision of Gormley v. Gormley serves as a good reminder for four polestar issues in matrimonial litigation, below, as well as to put on your best evidence in an effort to ensure that the trial court enters the appropriate decision and, ultimately, to not stop litigating up the ladder when it fails
Black Friday Shopping for… A New Attorney? Considerations for Selecting New Counsel
The holiday season is here, which means your inbox is probably flooded with e-mails about sales, promotions and must-have purchases. If you are unhappy with your current counsel and a new divorce attorney is on your shopping list this year, here are some important considerations to remember selecting new legal representation:
- Don’t be afraid to
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,