New Jersey Family Law

NEW PROVIDENCE UNION COUNTY DIVORCE ATTORNEY

"Today's session begins with attorneys' statements, followed by testimony from McGreevey. In the coming days, Sharyn Maggio, McGreevey's accountant, is expected to testify he is now a penniless seminary student; Kalman Barson, Matos McGreevey's accountant, is expected to estimate McGreevey's earning potential as a former governor at more than $1 million a year; Jay Fischman, a business valuation expert, will speak to McGreevey's employment options; and Mark O'Donnell, McGreevey's partner, is expected to say McGreevey is broke and owes him money. " Is a business appraiser competent to testify as to employability? Is there a stipulation to the effect of, "I won't object to your expert if you won't object to mine"? Is there a Daubert application pending? What if Mr. McGreevey calls Elliot Spitzer, while Mrs. McGreevey calls Bill Clinton, as experts on the lows and highs of post-executive job alternatives? Or....never mind. The Star Ledger, May 13, 2008

JERSEY CITY HUDSON COUNTY NEW JERSEY DIVORCE LAWYER QDRO

It took almost 2 years for the Qualified Domestic Relations Order [QDRO] to be submitted to the New Jersey divorce Judge. After the QDRO was entered, the Judge recognized the ex-wife's right to receive 17% of the ex-husband's monthly pension. She then sought to amend the QDRO to include pension benefit payments retroactive to December 1, 2003, the date of the New Jersey judgment of divorce. The trial court entered an order directING immediate payment of that share of the pension benefits, plus counsel fees and costs. The Appellate Division affirmed.  De Angelis, Jr. v. LaCoste f/k/a De Angelis, New Jersey App. Div., May 12, 2008

http://www.judiciary.state.nj.us/opinions/a6487-06.pdf

NEW JERSEY DIVORCE MEDIATION ATTORNEY : MORRISTOWN MORRIS COUNTY CHILD SUPPORT

The child’s move to his father’s house constituted a change in circumstance that warranted a reduction in child support. But since the father waited 7 months to file a motion for a reduction, and instead unilaterally reduced his payments, without objection from the mother, the time between the move and the filing of the motion was not sufficient to warrant a finding that there was an enforceable implied agreement to reduce child support, notwithstanding the prohibition on the retroactive modification of child support under N.J.S.A. 2A:17-56.23(a).  Kovach v. Squires, New Jersey App. Div., May 9, 2008; http://www.judiciary.state.nj.us/opinions/a4271-06.pdf

NEW JERSEY DIVORCE MEDIATION : SPRINGFIELD UNION COUNTY DIVORCE ATTORNEY

After 3 years of fighting, the McGreeveys appear to be reaching a détente in their acrimonious divorce. Lawyers for Jim McGreevey and Dina Matos McGreevey emerged from the back entrance of the Union County Courthouse in Elizabeth yesterday and said the non-financial child custody aspects were settled. Next week, the couple return before Judge Karen Cassidy, to address the financial issues : alimony, child support, equitable distribution and a claim for $600,000 of damages for "marriage fraud" and alleged deprivation of the value of being the New Jersey Governor's wife. Will the rest of the case settle? "The numbers say 98 percent of cases settle. What the numbers don't tell you is when they settle," said Charles Abut, a New Jersey matrimonial lawyer. "A lot of these cases settle on the courthouse steps the morning of the trial or even after testimony has started. A lot of times, that's when all the posturing is finally over and people come to their senses and say, 'Let's end this thing.'"  The Star Ledger, May 8, 2008

NEW JERSEY DIVORCE ATTORNEY : SHORT HILLS ESSEX COUNTY CHILD CUSTODY MEDIATION

The New Jersey divorce judge's summary termination of the father's long-standing right to joint legal custody and reduction of his parenting time, based on the court's pique at the father having signed his daughter out of school to bring her to address the court, was an abuse of discretion warranting reversal, particularly in the absence of a motion from the mother to modify custody. This conduct did not constitute exigent circumstances under Entress v. Entress justifying a change in custody without a plenary hearing. A different judge should preside over the remand.    Evangelista v. Baglivo, New Jersey App. Div., May 7, 2008

NEW JERSEY DIVORCE : SADDLEBROOK BERGEN COUNTY ALIMONY

After the parties' New Jersey divorce, the ex-husband was successful in reducing his alimony from $650 per week to $350 per week. When he had agreed to the alimony, his employer had already told him it was restructuring and his position would be eliminated. Although he believed the employer would offer him a new position, he later learned he was wrong. The record was sufficient to prove the loss of employment was involuntary, the job termination constituted a Lepis change in circumstance and alimony reduction was warranted.   Abbate v. Abbate, New Jersey App. Div., May 6, 2008;    http://www.judiciary.state.nj.us/opinions/a5682-06.pdf

SUMMIT NEW JERSEY UNION COUNTY DIVORCE LAWYER

The divorce settlement talks began more than three years ago, not long after New Jersey's most famous gay American came out of the closet. Back then, friends close to former Gov. James E. McGreevey and his estranged wife, Dina Matos McGreevey, depicted the discussions as discreet -- which is pretty much the last time anything related to McGreevey vs. Matos McGreevey has been described as either of those things. On Tuesday, after 3 years of failed negotiations, insults, and nonstop bickering over everything from Barnes & Noble parking lots to pony rides, the McGreevey divorce finally went to trial. Legal analysts expect New Jersey's former first couple will approach new lows, even for divorce court. "I'm not going to tell you this is going to be the worst case ever in the history of New Jersey divorces," said Charles Abut, a New Jersey matrimonial lawyer. "But I think if you asked longtime matrimonial lawyers, 'Give me the top 10 worst,' this one is going to appear on everyone's list."  The Star Ledger, May 5, 2008

CLIFFSIDE PARK BERGEN COUNTY NEW JERSEY DIVORCE LAWYER

On appeal, the defendant ex-wife sought the recusal of the New Jersey divorce judge. The Appellate Division concluded the judge improperly declined to require plaintiff to submit his current financial information in deciding defendant's motion and erroneously denied defendant's request for reimbursement of tutoring expenses. Moreover, the judge demonstrated such a significant degree of animus and impatience towards defendant that the remand proceedings must take place before a different judge.       Isaacson v. Isaacson, New Jersey App. Div., April 29, 2008

CRANFORD UNION COUNTY NEW JERSEY DIVORCE LAWYER CUSTODY MEDIATION

The expert’s unopposed report provided the New Jersey divorce judge with sufficient credible evidence to conclude the best interests of the children would be served by continuing them in the custody of the father and not requiring them to have contact with the mother, until such time as they were emotionally able and willing to do so. With that custody adjudication in place, the judge’s decision to terminate the abuse and neglect litigation was a proper exercise of discretion.     New Jersey Division of Youth and Family Services v. M.O., New Jersey App. Div., April 28, 2008

KEARNY HUDSON COUNTY NEW JERSEY DIVORCE ATTORNEY

The New Jersey divorce judge denied the ex-husband's motion to modify his support obligation under the parties’ settlement agreement. Because he did not establish a prima facie case of a material change in circumstances, the decision is affirmed. The unemployment in question was temporary and the ex-wife’s mere attainment of a master’s degree did not justify the imputation of income to her.     Davidson v. Davidson, New Jersey App. Div., April 25, 2008