New Jersey Family Law

New Jersey Support Arrears

Dad's child support arrears were properly reinstated. He had asked the Court to adjourn his hearing several times and then asked for a ruling, waiving his personal appearance. He cannot now complain about a lack of opportunity to contest the arrears order. Further, since the right to child support lies with the child, Mom's alleged "agreement" to vacate the arrears was neither valid nor enforceable and Dad could not have reasonably relied on it.  Vasquez v. Gonzalez, New Jersey App.Div., August 30, 2005

New Jersey Support Escalation

Times change and so does the cost of living. So may a New Jersey divorce court order an automatic escalation of either alimony or child support payments? Although the divorcing parties are free to consensually agree on such a term, the court may not compel it. Here, the trial court erred in this regard and was reversed accordingly.  Miicke v. Miicke, New Jersey App. Div., August 29, 2005

New Jersey Alimony Duration

In New Jersey divorce cases, in addition to whether alimony is granted, and how much is awarded, there's also the issue of how long it's going to be paid. In this case, the parties were married for 11 years. That was enough to justify a judgment  for "permanent" alimony of $6,279 per month [i.e. until her remarriage, cohabitation or her/his death].   Ragan v. Ragan, New Jersey App. Div., August 26, 2005

Song Lyrics Not Enough

She asked for a restraining order because he was posting harassing material about her on his web site. But he claimed that the allegedly harassing statements were lyrics to a song, were not directed to a specific person, and were not communicated to her. In finding that he had committed an act of domestic violence, the trial court erred. There was no evidence that he had communicated the statements to her. The mere posting of material on the web site that may have referred to her did not by itself give rise to a domestic violence finding.   Rider v. Byrnes, New Jersey App. Div., August 25, 2005

Interspousal Liability

A husband had a duty to provide medical assistance to his troubled wife, whose mental illness left her in a "diminished, incapacitated, helpless state" in the days preceding her suicide jump from the couple's fourth-story apartment. This decision is a rare exception to the general rule that individuals are not legally compelled to take action to help others. The ruling potentially complicates care-giving decisions by opening doors to inter-spousal lawsuits.   Skylarsky v. New Hope Guild Center, 12923/01, New York, August 24, 2005

Divorce & Medical Expenses

He was required to pay for her medical expenses incurred from the time of the New Jersey divorce complaint until the date of the judgment of divorce. However, any expenses after the date of the Judgment were her responsibility. The Appellate Division specifically rejects her claim that the judge should have required him to offer her COBRA coverage.   Duffy v. Duffy, New Jersey App. Div., August 23, 2005

New Jersey Prenuptial

They signed a prenuptial agreement 8 days before their New Jersey wedding. The trial judge found the agreement binding, noting that the parties entered into it willingly and with the full advice of their respective counsel. By signing the agreement, both parties waived their rights to further investigation of assets. The Appellate Division affirms the grant of summary judgment upholding the validity of the agreement, especially because there was an evidentiary hearing held thereon.    Pafumi v. Pafumi, New Jersey App. Div , August 22, 2005

Private School Expenses

Was the father's obligation to pay for the children's private school tuition, extracurricular activity costs and vacation expenses terminated under the parties' New Jersey divorce agreement because his income fell below $500,000 for the year?  He claimed this was an automatic "trigger". But the mother argued his year-end income was tentative and unverified. His application was denied without prejudice. On remand, he must must provide and prove his actual income.    Cherepakhov v. Cherepakhov, New Jersey App. Div., August 19, 2005

Diaper Domestic Violence

Mom was changing the diaper of the parties' child in the back seat of her car, which blocked the driveway where Dad's car was parked. When she refused to move her car, he got in and moved it, with the child lying unrestrained in the back seat and with the back seat door open. The trial judge found that this constituted domestic violence under New Jersey law. On appeal, this finding is affirmed. The driving of the car exposed the child to a risk of injury and was "a communication to plaintiff with a purpose to alarm or seriously annoy her."   Costante v. Costante, New Jersey App. Div., August 18, 2005.

Income Tax Liability

They filed joint income tax returns for 1997. They then got divorced pursuant to the terms and conditions of their New Jersey divorce agreement. But it did not address the issue of responsibility for back tax liabilities. Therefore, the trial judge erred in denying the motion to compel a 50/50 sharing of the tax deficiency, which has to be apportioned on remand either by consent or by further litigation.   Roll v. Roll, New Jersey App. Div., August 17, 2005