Author Archives: Site Administrator
Changed circumstances to alter support must be permanent, bankruptcy not enough
This case reiterates that a changed circumstance requirement to alter a support payment must be permanent in nature, and that filing for personal bankruptcy isn’t evidence of permanent change in earning capability. Grier v Grier (2016) http://law.justia.com/cases/new-jersey/appellate-division-unpublished/2016/a2056-14.html “Although the judge noted plaintiff’s reduced income, the court also noted that the reduced reported income did… Read More »
What happens to pendente lite alimony when you move in with a parent?
Pendente lite alimony what happens when you move in with mom? Can you still get pre-divorce alimony (pendent lite)? Answer – yes. Family Law 20-4-1173 Malek v. Malek, N.J. Super. Ch. Div. (Jones, J.S.C.) (29 pp.) This opinion addressed pendente lite alimony, against the backdrop of recently enacted statutory amendments to New Jersey’s alimony… Read More »
Is any contact always a violation of a Restraining Order? Answer – No
Court’s can be fairly quick to issue a restraining order against a husband. But just because there is a restraining order in place, when you are also co-parenting, occasional contact may occur, and such contact doesn’t necessarily mean a violation. Family Law 20-2-9880 State v. V.C., N.J. Super. App. Div. (per curiam) (8 pp.)… Read More »
Beware agreements to sell property at a future date!
When you get divorced, there is often a home or other property that needs to be sold. While in the midst of a divorce, you may think that you can sell the property quickly, but when the time comes to actually sell, your ex might not agree, something breaks and needs to be fixed,… Read More »
Changed circumstances to modify support and expenses
The case below touches on several issues – one of them is the need to look at the statutory factors in N.J.S.A. 2A:34-23(a) to decide if, and when, a child with disabilities is emancipated for child support purposes. Another issue presented is that if you are going to say something is not a necessary… Read More »
Restraining Order for Harrassing Your Job
Unfortunately, an ex-spouse may try and harrass you indirectly, such as interfereing with your employment, in that case, the court has the power to issue a restaining order. Final Restraining Order 20-2-9767 C.G. v. E.G., N.J.Super. Ch. Div. (Ocean Cnty.) (Jones, J.S.C.) (15 pp.) Plaintiff, who was estranged from defendant, her husband, sought a… Read More »
Are a child’s communication to a judge private?
Uherek v. Sathe, 391 N.J. Super. 164, 168 (App. Div.), certif. denied, 192 N.J. 72 (2007) stands for the proposition that a transcript of a child interview may only be turned over during an actively pending custody case. Absent that circumstance, there is no basis to turn over the child’s private communications with the… Read More »
When do court’s award attorney fees?
One of the questions I get is when do court’s award attorney fees in divorce cases? While each case is different, here is one example where the appeals court affirmed attorney fees after the 4th failed motion to adjust support after failing to prove changed circumstances. Aug 3, 2016 NJ Law Journal 20-2-9948 Karkoszka… Read More »
Termination of Child Support
Bill S-1046/A-2721 On January 19, 2016, Governor Christie signed S-1046/A-2721 into law. This law establishes 19 as the age when child support will end. The new law allows for child support to continue up to age 23 for cases where the child still in high school; attending full-time college, vocational or graduate school; is… Read More »