908-964-0102Recent Blog Posts
Appellate Division Reverses Termination of Alimony as a Discovery Sanction
The New Jersey Appellate Division recently examined a case where the family part judge had terminated an order granting permanent alimony where the receiving spouse had failed to produce all the financial documents the court had requested to see. The Appellate Division determined that a failure to produce extensive documentation of the ex-spouse’s income… Read More »
Reaching a Custody-Sharing Arrangement that Best Benefits Your Family
If you’re a parent going through a divorce, your top concern is likely ensuring that your children are as happy and healthy as possible when the process is finished. Determining a schedule that best facilitates your child’s relationship with their other parent, while allowing them to spend time with friends and participate in after-school… Read More »
Your Child or Your Cigars?
Family Part courts deal with highly intimate and sensitive matters. As a result, orders issued by Family Part judges can feel intrusive and controlling. However, there are lengths to which Family Part judges will not go to enforce compliance with earlier orders, even where a child’s well-being is implicated. A recent decision from the… Read More »
Divorce Court Dislikes a Dishonest and Dilatory Defendant
A case recently decided by the Appellate Division of the New Jersey Superior Court shows how patient and lenient judges can be about extending deadlines, up until they perceive manipulation or deceit on behalf of the individual requesting the extensions. The case in question is titled O’Donohue v. O’Donohue. The divorcing couple, both attorneys,… Read More »
New Jersey Court Considers Prospective Request to Terminate Alimony under New Law
While the effective date of the revisions to New Jersey’s statute on alimony was September 14, 2014, the impact that those changes will have on the way alimony works in New Jersey is only starting to become clear as New Jersey courts decide cases according to the new law. One question that has repeatedly… Read More »
Appellate Division Considers Whether Spouse’s Inheritance Became Commingled with Marital Assets
A case recently decided by the New Jersey Appellate Division examined whether or not the funds in an account that remained untouched, save for a single $50 deposit, remained separate property throughout a 33-year-long marriage. The appellate judges affirmed the trial court’s conclusion that the account should not be considered marital property, and exempted… Read More »
New Jersey Appellate Division Outlines Rules for Imputing Income
In a recent case discussing a recalculation of child support, the Appellate Division of New Jersey reversed a decision to increase child support where a non-paying and unemployed spouse was credited with too low of an earning capacity, and her fiancé’s income was not factored into the calculation. In Marino v. Marino, the couple… Read More »
College-Contributing Parents Have a Right to Review their Child’s College Enrollment in New Jersey
In a 2010 case before Ocean County Family Part Judge Lawrence Jones , the court was asked to determine what right a non-custodial parent who provided funds toward his child’s college tuition had to evidence of the child’s class enrollment and grades received. The court found that the parent was entitled to that information,… Read More »
Gather Ye Proceeds from a Divorce Judgment While Ye May
In a cautionary tale on the importance of enforcing your rights under a divorce judgment as soon as possible, an unpublished decision from a New Jersey Appellate Division panel rules that a former husband has lost his right to collect the over-$23,000 he was owed pursuant to a divorce decree after the debt was… Read More »
Case Shows that Family Part Courts Require Substantial Evidence of Changed Circumstances to Modify Alimony Payment
Sometimes, persistence in seeking a particular outcome from the family court pays off. After two appeals and years of litigation, one former husband is closer to obtaining a modification of his alimony payment, after a change in jobs left him with an alimony payment larger than his monthly salary. The couple at the center… Read More »
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