908-964-0102Recent Blog Posts
Non-Custodial Parent Can’t Be Compelled to Take Daughters to Other Parent’s Chosen Church
New Jersey case law permits parents to agree in a property settlement agreement (PSA) on the type of religious education their children will receive post-divorce. However, there are limits on the degree to which these agreements can impact the rights of the alternate parent to expose their child to alternative religious traditions. A recent… Read More »
Lawyer Representing Himself in Divorce Claims Ineffective Assistance of Counsel
There’s an old saying in the legal community that a lawyer representing himself in court has a fool for a client. In one recent case before the New Jersey Appellate Division, a lawyer who worked in criminal defense and chose to represent himself in a divorce claimed that the couple’s settlement agreement should be… Read More »
Child Support After Age Twenty-Three In New Jersey
New Jersey, like other states, generally limits child support obligations to children under a certain age. Child support is required at a minimum until the child reaches age 18, and typically continues automatically until age 19, unless the child is emancipated. New Jersey is also one of only a few states that requires parents… Read More »
What Should I Know About New Jersey Prenups?
More and more young couples are signing prenuptial agreements every year in New Jersey. Even couples that are confident about their relationship are realizing that prenuptial, or premarital, agreements are a positive step to take in planning for unexpected events to ensure financial security and minimize conflicts should the relationship deteriorate. Continue reading for… Read More »
What Happens When There Are Multiple Child Support Orders From Different States?
After the upheaval surrounding a divorce, one parent may decide to move to another state within the country. As legal battles surrounding the divorce continue even after the move, multiple state courts may become involved, creating conflicts and complications. A New Jersey appellate court recently addressed an interesting question: If courts in multiple states… Read More »
“Domestic Contretemps” is Not Domestic Violence in New Jersey, but Threats and Harassment are
A New Jersey appellate court recently addressed the circumstances under which a person can seek a final restraining order against a domestic partner based on harassing, but nonviolent, conduct. While the opinion is not binding on other courts, it provides an illustration as to how courts will evaluate applications for a restraining order between… Read More »
New Jersey Court Orders Retroactive Increase in Child Support for Family with College-Aged Children
The New Jersey Appellate Division recently issued a ruling granting a mother’s request for an increase in child support payments. The father’s arguments to the court against the increase were harmed, in part, by his lack of transparency about his income and refusal to comply with court requests. You can learn more about what… Read More »
In Divorce Modification Case Courts to Override Alimony Waiver in Special Circumstances
In a recent published opinion—one that can be cited and relied upon as law in future cases—the New Jersey Appellate Division ruled that, when a pension that was to be shared by both spouses is depleted, courts are permitted to find a change in circumstances that could result in the imposition of alimony, even… Read More »
Grandparents’ Petition for Visitation Rights Denied
New Jersey is rare among states in that grandparents can seek visitation with their grandchildren even when both parents are alive and remain married. However, the grandparents must argue a strong case to the court proving that a lack of visitation would harm their grandchildren—a case that few grandparents can successfully make. A recent… Read More »
Divorced Spouse May Be Required to Maintain Life Insurance Policy Benefitting Ex-Spouse
The financial implications of a divorce do not, unfortunately, end when a divorce settlement is finalized. Where alimony and child support are parts of the equation, the payments may affect the payer’s estate, requiring certain assurances or preventing the distribution of certain property in order to ensure compliance with the ordered payments. A recent… Read More »
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