Wilentz, Goldman & Spitzer P.A.

6 Considerations When Considering Entering Into A Prenuptial Agreement

A prenuptial agreement is essentially a contract entered into by two parties prior to their marriage. This contract attempts to govern each individual’s rights and obligations should the marriage eventually terminate. The…more
| Family Law

Not all Expressions of Purported Religious Beliefs are Protected by the First Amendment, Cavanaugh v. Bartelt, Docket No. 4:14-cv-03183-JMG-CRZ Doc # 47 Filed: 04/12/16

The Dismissal of Federal and State Civil Right Claims - Federal District Court Declines to Protect the Church of the Flying Spaghetti Monster [FSM] - In an entertaining, thoughtful, and well-reasoned decision the…more
| Civil Procedure, Civil Rights, Constitutional Law

The High Net Worth Divorce : Financial Advisors, Hedge Fund Managers, Business Owners, Corporate Officers and More

Stockbrokers, financial advisors, hedge fund managers and other high net worth individuals (along with their spouses) going through a divorce often face non-routine issues due to the unique nature of their compensation…more
| Family Law, Finance & Banking

A Closer Look Into Adoptions

The Process Adoption refers to the court process followed to create a legal parent-child relationship where one would not otherwise exist.  To initiate a legal adoption in New Jersey, you must first file a complaint with the…more
| Civil Procedure, Civil Rights, Constitutional Law, Family Law

Can Child Support Be Paid Directly to a Child?

Ocean County Superior Court Judge Lawrence Jones has issued an unpublished opinion holding that child support, in some circumstances, may be paid directly to an unemancipated child who is over age eighteen…more
| Civil Procedure, Family Law

Alimony Termination Upon a Payor’s Retirement

Alimony payors who plan to retire have standing to seek a termination of their alimony obligation. Under the 2014 amendments to the alimony statute, a court uses one of three standards in deciding such an application to…more
| Constitutional Law, Family Law

Post Breakup Text Messages May Lead to Restraining Order

A breakup can be an emotionally trying experience, sometimes driving people to act in ways they ordinarily would not. Reaching out to an ex may seem harmless - all you want to do is talk? But sometimes those seemingly harmless…more
| Civil Procedure, Family Law

Grandparent Visitation: What Major v. Maguire Means Going Forward

After Anthony and Suzanne Major’s son, Chris Major, separated from Julie Maguire, the Major’s claim they continued to have a substantial relationship with their granddaughter. Suzanne Major stated she visited her granddaughter…more
| Family Law

6 Things You Should Know about the New Child Support Law

Governor Christie rung in the New Year by signing a statute that dramatically changes New Jersey’s laws governing child support. Here’s what you should know: As a general rule, child support terminates automatically upon a…more
| Elections & Politics, Family Law

Challenging Psychological Tests in Litigation – The Value and Limitations of The MCMI-III™

The Millon Clinical Multiaxial Inventory III (“MCMI-III”™) is a popular assessment tool used by clinical psychologists, that has been in use since approximately 1977. This instrument has been the subject of many articles and…more
| Civil Procedure, Criminal Law, Science, Computers, & Technology

SURPRISE!!! The NJ Out-of-Network Consumer Protection, Transparency, Cost Containment, and Accountability Act Goes Forward and Stalls

On November 17, 2015, New Jersey lawmakers forged ahead with the controversial legislation that addresses, among other things, “surprise” medical bills from out of network providers. According to its sponsors, the purpose of the…more
| Elections & Politics, Health, Insurance

OIG Issues Alert on Physician Compensation and Medical Director Arrangements

On June 9, 2015, the U.S. Department of Health and Human Services Office of Inspector General (OIG) issued a Fraud Alert entitled "Physician Compensation Arrangements May Result in Significant Liability" (OIG Alert). The OIG…more
| Health

Introducing Stark Phase V

On November 16, 2015, the Centers for Medicare and Medicaid Services (“CMS”) published the most significant changes to the physician self-referral law (“Stark Law”) regulations since 2008. Currently being referred to as “Stark…more
| Health

Check--and Double Check--to Avoid Professional Liability in New Jersey

A recent New Jersey Supreme Court decision warns that health-care facilities that fail to do appropriate due diligence before granting privileges to physicians could face potential liability for that failure. In Jarrell v. Kaul,…more
| Health, Insurance, Labor & Employment Law, Personal Injury, Professional Malpractice

The Queen of Pop’s Custody Battle

This Christmas, gifts were the last thing on the mind of America’s material girl, Madonna. Instead, she and her ex-husband, Guy Ritchie, are entrenched in a custody battle, fighting over where their 15-year-old son Rocco will…more
| Family Law
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