908-964-0102Recent Blog Posts
What Happens to the House if a Spouse Dies During Divorce in New Jersey?
Divorces tend to be complex and emotionally-charged at the best of times. They are never convenient. Determining the equitable division of property, in particular, is a difficult process, especially when the divorce is contentious. The New Jersey Appellate Division recently fielded a case with an unusual complication added to the mix: What happens to… Read More »
How Does Inherited Property Affect My New Jersey Divorce Settlement?
One of the primary activities of any divorce proceeding is tallying up the property and assets of each party in order to determine what is subject to equitable division. While some assets such as income generated during the marriage are clearly part of the marital estate, other types of property involve more nuanced questions… Read More »
New Jersey Court Rules Temporary Caregivers Cannot Abuse or Neglect Children Under Title 9
Title 9 governs New Jersey’s child custody scheme. Sections of Title 9 can be used to determine the custody of children in a dispute, particularly if the child has faced abuse or neglect by a parent or guardian. The state can also invoke Title 9 to remove a child from a parent’s control in… Read More »
New Jersey Appellate Court Opinion Illustrates Importance of Getting a QDRO
A recent unpublished decision from a New Jersey appeals court is a reminder of the importance of entering a QDRO at the same time as a divorce decree in order to avoid later headaches and end up losing out on more of your pension than you anticipated. Continue reading for details on the case… Read More »
New Jersey Child Support Guidelines Only Apply Up to Certain Income Threshold
When divorcing parties disagree as to the amount of child support to be included in a divorce judgment, the court must assess an appropriate child support amount. The court may need to step in again if either party later seeks modification of the child support order. New Jersey courts generally follow specific guidelines in… Read More »
Court Finds No Cohabitation for Couple Sharing a Home
New Jersey law dictates that agreements to pay alimony may be terminated or suspended if the paying spouse can prove “changed circumstances,” such as that the alimony-receiving spouse has begun cohabiting with a romantic partner. Proving “cohabitation” as defined under the law, however, isn’t as straightforward as showing that the spouse shares a home… Read More »
Suicide as a Breach of Marital Settlement Agreement
One of the cardinal rules of both divorces and estate proceedings is that you cannot get around paying your wife. A recent, morbid case, illustrates that the platitude extends even beyond death. A man was required to take out a life insurance policy benefitting his ex-wife and their children as part of their divorce… Read More »
New Jersey Courts May Garnish a Retirement Plan to Pay Overdue Child Support, Alimony
Even after a divorce is all said and done, many people find themselves back in court when their ex refuses to pay. Ex-spouses may drag their feet when it comes to paying child support, alimony, health care and college expenses, and other related fees. A New Jersey court recently addressed the unusual circumstances under… Read More »
New Jersey Court Examines Potential Grounds for Recalculation of Alimony
In a newly-released Appellate Division opinion, the court returned a case to a Family Part judge for reconsideration of an alimony dispute. The court’s decision centered on the types of changed circumstances that could lead to a recalculation of alimony, namely whether a reduction in the payor’s income was the only path to an… Read More »
How New Jersey Courts Enforce Divorce Settlement Agreements
Finalizing a marital settlement may not be the last hurdle a divorced couple faces. Either party may find reason to object to the terms of the settlement down the line, such as if new financial evidence comes to light or if one party’s financial circumstances change dramatically. A recent appellate case sheds light on… Read More »
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