908-964-0102Tag Archives: Family Law
Considering Representing Yourself in Your Family Law Matter? Tread Carefully
The recently-decided case of Grace v. Grace serves as a bit of a cautionary tale about why representing yourself in your family law matter might not end up saving you money. Jennifer and Gary Grace had a son in 1998, and divorced in 2001. A 2012 review of Gary’s child support obligations by the… Read More »
Contact Between Divorced Parent’s Child and New Romantic Partner Can’t Be Limited by Agreement
In a recent Ocean County Family Part court decision, Judge Lawrence Jones invalidated an indefinite restraint on contact between a child of divorced parents and a parent’s new significant other. In the case of Mantle v. Mantle, the divorcing couple had entered a consent agreement stating that each parent would be indefinitely restrained from… Read More »
Length of Marriage is not the only Factor in Determining Alimony
In New Jersey, permanent alimony is granted by the court only in divorces of long-term marriages. However, there is no exact rule stating how many years a couple must be married in order to be considered long-term. On July 29, 2015, the New Jersey Supreme Court held that the length of marriage could not… Read More »
Change in Child Support Law Would Lead to Automatic Termination of Support
A recently-passed New Jersey Senate bill would give a default termination date for child support paid in New Jersey. The bill, passed on July 23 by the senate, would set 19 as the default age by which child support payments would no longer be due, without some special circumstances that would cause the payments… Read More »
In Contrast to Other States, Governor Christie States Clerks May Not Deny Marriage Licenses
The landmark U.S. Supreme Court ruling of Obergefell v. Hodges, making gay marriage legal nationwide, has stirred controversy in many local county clerks’ offices. County officials in a variety of counties in states such as Texas and Alabama have publicly stated their intention not to issue marriage licenses. Many clerk’s offices have shuttered entirely,… Read More »
Final Restraining Order Upheld Against Woman Who Took Child out of the Country for Months Longer Than Planned, Exhibited Violent Behavior
An Appellate Division court has held as valid a final restraining order (“FRO”) where a woman had a violent outburst over missing personal property, after having taken the couple’s child out of the country for months longer than originally planned. The case, titled M.H. v. V.H., was on appeal from the Family Part court… Read More »
New Jersey Senate Judiciary Committee Recommends 2010 Palimony Law Be Applied Retroactively
The New Jersey Senate Judiciary Committee has recommended that a substantial change be made to New Jersey’s 2010 palimony law that could potentially invalidate hundreds of agreements between cohabitating couples. The Committee recommended the Senate pass a bill, no. S2553, that would make retroactive its 2010 law requiring all palimony agreements be in writing… Read More »
Exposing Adolescent Daughter to Pink Concert Not an Exercise of Poor Judgment, Says Judge
In a case examining the soundness of parental judgment in exposing a child to the music and performance of Pink, one Family Part judge has found that there is some merit to be found in the singer’s message. In a case heard before New Jersey Family Part Judge Lawrence Jones in Ocean County Superior… Read More »
Emancipation, Adoption, Child Support… This Case Has Everything
When does a child become emancipated, meaning that he or she is all grown up and no longer dependent on his or her parents for support? This question can be especially relevant where a divorced parent is paying child support. The issue was discussed in just such a case recently decided by the Superior… Read More »
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 »
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