Latest Publications

Share:

Another Custody and Parenting Matter Reversed For Failing to Hold a Plenary Hearing

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

Don’t Be Surprised if There is Rough Justice When You Sleep on Your Rights

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

No, Courts Cannot Just Adopt A Court Appointed Expert’s Opinion Without a Cross Examination

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

Yes, Parties Can Agree to Waive the Change of Circumstances Standard

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

Yes, The Fifth Amendment Does Apply to Domestic Violence Proceedings

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

A Trial Is Not The Only Way To Settle Your Divorce

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

I Guess Going From 50-50 to No Overnights for 19 Months Is a Change of Circumstances

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

Proving Psychological Parentage Not Required for Grandparent Visitation, But it Sure Does Help

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

Apples to Oranges – Pendente Lite Support vs. Support After Trial

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

Order Invalidating Settlement Agreement Because Parties Didn’t Formally Answer Discovery is Overturned by the Appellate Division

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

A Court Actually Found Alienation and Did Something About It – How Novel

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

If No Child Support Order Exists, You Don’t Need to Show a Change of Circumstances to Establish Child Support

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

Like Big Foot, A “Sheridan” Sighting

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

Yes, A 29 Year Marriage Warrants Open Durational Alimony

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

Court Rejects Predictable Arguments on Setting Aside a Prenup, and on Summary Judgment No Less!

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

Custody Decision Vacated Over Failure to Interview 10 Year Old To Find Out His Preference

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

Court’s Should Not Issue FROs Because They Think a Party is a Bad Parent or Deadbeat Dad

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

So Alimony Formulas are Sometimes OK?

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

Changes in Parenting Responsibilities Can Be a Change of Circumstances to Increase Alimony

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

Can a Bad Social Media Post Lead to a Final Restraining Order?

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

Courts Should Not Issue FROs To Address Parenting Issue

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

Appellate Division Holds that Newly Enacted Statute to Close the Black Hole Applies Retroactively

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

The Black Hole is Closed – New Law Permits Equitable Distribution When Party Dies While a Divorce is Pending

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

A Child’s Disability Can Prevent Emancipation

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

Do Parents have to Consent to Relatives Becoming Psychological Parents?

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

113 Results
 / 
View per page
Page: of 5

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide