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In New Jersey divorce cases, the lower courts were split on when and under what circumstances the marital home or other assets could be sold prior to final hearing. Now, the New Jersey Supreme Court has clarified the issue. Trial courts are now free to order any asset sold before final judgment whenever the circumstances are "fit, reasonable and just". Randazzo v. Randazzo, ___N.J.___ (2005);_____ WL_____ ; July 5, 2005.
Newly introduced New Jersey legislation requires child support to continue past the age of majority if the chid has a mental or physical disability which causes the child to be financially dependent on a parent. Bill S-614/A-1925 were released from the Senate Judiciary Committee on June 9, 2005. They are opposed by the New Jersey State Bar Association, presumably because existing case law already provides that such children are not legally emancipated. New Jersey Lawyer, July 1, 2005
The United States Supreme Court ruled Monday that police cannot be sued for how they enforce restraining orders, ending a lawsuit by a woman who claimed police did not do enough to prevent her estranged husband from killing her three young daughters. Jessica Gonzales did not have a constitutional right to police enforcement of the court order against her husband, the court said in a 7-2 opinion. Castle Rock v. Gonzales, ___U.S.___ (2005), June 30, 2005
After their New Jersey divorce, the parties had a dispute regarding the sharing of their son's college expenses. It was error to have the ex-wife pay for almost 19% of those expenses, when the ex-husband, a practicing dentist, made over $500,000 annually and had much more discretionary income. By contrast, the ex-wife's income was mostly from alimony and child support and went to maintain her home and personal expenses. Bowne v. Anderson, New Jersey App. Div., June 29, 2005
He's unemployed and can't earn wages anywhere near the level stipulated in their New Jersey divorce agreement. She has no present need for alimony because she's cohabiting with another partner who provides financial benefits. The trial judge was wrong to merely reduce alimony. Instead, alimony should have been suspended entirely. If the circumstances substantially change, she's free to apply for reinstatement of the alimony. Rush v. Rush, New Jersey App. Div., June 28, 2005
What's the value of the life of the father of 4 daughters? According to a jury, it's $1 million. He was killed in a car accident. The issue at trial was damages for the loss of companionship, advice, counsel, and guidance experienced by his wife and four daughters. The plaintiff presented testimony from an expert witness, the four daughters, the wife, and the decedent’s ex-wife. The jury's award was affirmed on appeal. Muasau v. Elfant, New Jersey App. Div., June 27, 2005
The wife raised serious issues regarding lack of notice at the time of the New Jersey divorce trial and claimed that her husband had lied to the court in her absence, resulting in unfair equitable distribution. The appellate court considers the trial judge's cavalier attitude in the face of these serious allegations to be completely unacceptable. The court did not fulfill its judicial role, abdicated entirely and refused to deal with the merits of the allegations. This compels a remand of the entire case. Oshiyemi v. Oshiyemi, New Jersey App. Div., June 23, 2005
"A Self-Help Guide to Divorce in New Jersey," by Legal Services of New Jersey, makes its literary debut this week. The Guide runs 252 pages and explains how to get divorced or respond to a filing, the different kinds of divorce, and how to do it without a lawyer. The book features flowcharts showing the various steps, lists of financial documents a person needs and dozens of sample letters and forms. Free to low-income residents, it's $25 for others. The book provides a list of circumstances in which it's hard to handle a divorce alone or where an attorney's advice could be crucial, such as a couple in a custody dispute, owning real estate together or having a spouse living in another country. The Star Ledger, June 22, 2005
In New Jersey, the Division of Youth and Family Services [DYFS] is the agency responsible for intervening when children are in danger of parental abuse or neglect. Is it possible to sue and recover damages from a state agency like DYFS, for wrongful intervention? Here, a high school student brought suit against two state officials for improperly interfering with her mother's custody. Although the lower court dismissed the case, that dismissal is reversed and the case is permitted to go to trial. Jones v. Hunt, et al., United States Court of Appeals, 10th Cir., D. New Mexico, No. 04-2108, June 21, 2005.
Sentencing will continue today for former Ewing Township Mayor Al Bridges who pled guilty to possession of crack cocaine. Carol Bridges, the former mayor’s estranged wife, had claimed in her divorce papers that her husband was a cocaine addict while he was mayor. In the papers, she went on to claim that her husband was caught by FBI agents as he purchased drugs while using a township-owned vehicle. The wife also claimed that the water at the mayor’s Bernard Drive home was turned off after he failed to pay the bill. The Trentonian, June 20, 2005
