Recent Blog Posts
When a Custodial Parent Relocates Out of State, the Court’s Jurisdiction May Relocate Too
You may know that before a custodial parent can relocate out of state and take the kids with him or her, the parent must get approval from the court. The custodial parent must file a motion with the court and notify the noncustodial parent, who may object to the motion. After reviewing the arguments… Read More »
NJ Court Gives Child Her Name Back, Increases Mother’s Parenting Time
Sadly, not every divorce is amicable, and even years after a divorce, the parties may still be fighting over custody, support and other matters. When the disputes involve children, the family court judges do their best to keep the children’s best interests as the foremost consideration in every decision they make. In the recent… Read More »
“Owing Support” is Not the Same as Being “Delinquent” for the Purposes of New Jersey Deadbeat Parent Law
A New Jersey court recently had occasion to decide an issue regarding a state law allowing the state to report people in arrears on their child support payments to credit reporting agencies. The court in Cameron v. Cameron decided that the law applies in cases where a parent has failed to comply with an… Read More »
New Jersey Court Orders Hearing on Ex-Husband’s Motion to Modify Support
On March Sixth, the New Jersey appeals court decided in a post-divorce case that the ex-husband was entitled to a hearing on his motion to modify alimony and child support, despite repeatedly being denied by the trial judge. By the time the appellate court ordered the hearing, the lower court had already denied his… Read More »
Court Reverses Finding of Neglect that Widowed Mother Willfully Abandoned Twin Daughters
Earlier this month, the Superior Court of New Jersey Appellate Division reversed a lower court’s ruling that a mother was guilty of neglect. Although the situation which transpired was far from ideal, and clearly the mother needed help at the time, the facts simply did not support a finding that she willfully abandoned her… Read More »
Parent Who Objected to Parochial School Not Required to Contribute Toward Tuition
In the case of LBG v. JPG, mom wanted son to attend private Catholic high school, but dad was not keen on the idea. Dad filed a motion in court to make mom bear the full cost of tuition. Mom opposed the motion and filed her own cross-motion to prohibit dad from making disparaging… Read More »
Divorcing Spouse’s Death Does Not Prevent Equitable Distribution of Marital Property
Milagros Beltra was terminally ill when she filed for a divorce from her husband of 34 years. Six months later, before the divorce was finalized, Milagros passed away. Her eldest son petitioned the court to be substituted into the litigation on behalf of Milagro’s estate; this motion was granted. A five-day hearing was later… Read More »
In an Abuse Case Against the Stepfather, New Jersey Judge Says Mom Neglected Daughter by Not Believing Her Story
In a surprising decision back in 2012, a family law judge in a sexual abuse case against a stepfather decided on her own initiative to declare that the mother was negligent because she did not believe the daughter’s story of abuse, even though the Division of Youth and Family Services (DYFS) had not filed… Read More »
Court Denies Motion to Stop Divorced Parent from Relocating with the Kids Within the State of New Jersey
Last month the Appellate Division of the Superior Court of New Jersey heard the appeal of a father seeking to keep his ex-wife from relocating from Bridgewater Township in Somerset County down to Egg Harbor Township in Atlantic County, 115 miles away. The lower court had denied the dad’s motion, and the appellate division… Read More »
Court Refuses to Modify Judgment Because of Wife’s Failure to Raise Issues in a Timely Manner
A New Jersey couple had been married for 18 years when the husband filed for divorce. In his petition for divorce, the husband initially sought sole legal and physical (residential) custody, child support, and equitable distribution of the couple’s marital assets. A copy of the petition was served on the wife, but she failed… Read More »