I have blogged several times before , including last week, on cases where trial courts were reversed for failing to hold plenary hearing and provide for discovery, often in FD (non-dissolution) matters. I have also discussed...more
9/3/2024
/ Child Custody ,
Co-Parenting ,
Divorce ,
Family Law Courts ,
Joint Custody ,
Mediation ,
Mental Health ,
Parenting Plans ,
Parenting Time ,
PTSD ,
Reversal
It is quite common in divorce settlements to require payments to be made over time or in the future. Some people, for whatever reason, choose not to immediately go back to court for enforcement when there is non-compliance....more
The Rules of Court clearly allow a Family Part Judge to appoint their own expert on any issues, whether custody or economic issues, in order to aid the court in making a decision on an issue before the Court. The Court rule...more
Typically, in order to modify support or custody/parenting time provisions in an agreement or judgment/order, the party seeking a modification must show a substantial and continuing change of circumstances. Given the goal of...more
It was long believed by many that if a defendant in a domestic violence hearing plead the 5th Amendment (i.e. chose not to testify on the grounds that it might incriminate him/herself), that the court could draw an adverse...more
Many clients believe that if they file for divorce, the road to resolution is litigation and a trial. While naturally, that is the final step if a settlement is not reached, divorce trials are reasonably uncommon in New...more
Since the Child Support Guidelines were amended in the late 90s, the number of overnights with each parent factored in to the child support calculus for cases within the Guidelines. In general, the more overnights meant less...more
Since the US Supreme Court decided Troxel v. Granville in 2000, grandparents have had an uphill battle obtaining grandparent visitation. While the New Jersey standard was set in Moriarty v. Bradt a few years later (a case...more
One of the universal themes in divorce matters is that the court is supposed to try to maintain the status quo while the case is pending. In many cases where there is barely enough money to go around to support an intact...more
Wise or not, parties have a right to waive discovery from the other party and settle their matter. Sometimes, both parties have access to and/or knowledge of all of the finances. Sometimes, the rely on the parties sworn Case...more
7/16/2024
/ Appellate Courts ,
Discovery ,
Divorce ,
Evidence ,
Final Judgment ,
Liability ,
Marital Assets ,
Mediation ,
Settlement Agreements ,
Tax Returns ,
Waivers
Parental alienation cases are heart breaking, both because of the damage to the children and the fact that the alienated parent is often robbed of large parts of the children’s childhood – and worse. For years I have said...more
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 if there is a custody agreement, even if the...more
There is a case called Sheridan, that requires judges to report the failure to report income to the proper authorities. Like Big Foot and the Lochness Monster, many people have heard of a Sheridan, but few have actually seen...more
Since the 2014 amendments to the alimony statute were enacted, we have seen this clutching at pearls and gnashing of teeth about what to do in long term (over 20 years) marriages when the payor is in her/his 60s. The...more
Litigating cases involving a prenuptial agreement can be frustrating at times. When prenups are done right, there is proper disclosure, both parties have counsel or acknowledge that they had a right to counsel, there is...more
I started reading C.G. v. D.W., an unreported (non-precedential) Appellate Division case released on March 1, 2024, sucked in by the opening sentence about the court’s denial of an intra-state move. As there aren’t that many...more
Earlier this month, I wrote a blog called Court’s Should Not Issue FROs to Address Parenting Issues. That blogged addressed a case where the trial court entered a Final Restraining Order (FRO) to remedy custody and parenting...more
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 the statutory alimony factors. I blogged about...more
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 financial changes of...more
Social media has become a prevalent part of people’s lives. Many people post about how great their life is or about the good things that their children do (guilty as charged.) Others debate politics. Some post pictures of the...more
2/9/2024
/ Consent Order ,
Cyberbullying ,
Divorce ,
Domestic Violence ,
Facebook ,
Harassment ,
Restraining Orders ,
Sensitive Personal Information ,
Social Media ,
Spouses ,
TRO
Going back more than three decades, there are Appellate Division cases that offer caution about the abuse of the domestic violence statute to get a leg up in an impending or pending divorce or custody matter. At around the...more
Last week, I blogged about the new statute that closed the block hole that existed when a party who held most or all of the assets died during while a divorce was pending. Specifically, the new statute permits the court to...more
What happens when a party dies in the middle of divorce? Under the law, the divorce action abates and the matter is over. In many cases, that is to the benefit of the surviving spouse because, in most cases, they would...more
The concept that a child’s disability can delay or prevent emancipation is not a new one. In fact, it has been part of the decisional law for decades. Moreover, the parties cannot contract away the obligation to support a...more
It is not uncommon for grandparents or other family members to get custody of other family members when the children’s parents have issues preventing them from caring for their children and/or when there is DCPP involvement....more