New Jersey Family Law

NEW JERSEY DIVORCE ARBITRATOR : WIFE NOT LIABLE

In a dispute between an emergency room physician and the medical group at a hospital, the issue was submitted to arbitration. Plaintiff was successful at arbitration, and the trial court affirmed the award. However, the award against the individual defendant's wife was erroneous. While appreciating the arbitrator's intent to give plaintiff a method to ease his ability to collect the award against the individual defendant, the wife was not a party to the arbitration agreement, and the arbitrator made no finding that she had conspired with her husband against plaintiff.     Dorfner, et al. v. Point Emergency Physicians, P.A., et al., New Jersey App. Div., April 25, 2006

NEW JERSEY DIVORCE MEDIATION : INTERNATIONAL CUSTODY

The mother alleged her ex-husband wrongfully detained their daughter when she was 11. The District Court denied the petition, holding that there was no wrongful detention because the child's habitual residence was the United States. Mother appealed, arguing that the child habitually resided in Finland. Although this is a close case, the appellate court affirms. Prior to her retention, the daughter acclimatized to the U.S. From her perspective, there was a degree of settled purpose to remain in this country. The existence of shared parental intent to permit the girl to choose her country of residence bolsters this conclusion.    Karkkainen v. Kovalchuk, et al., United States Court of Appeals  [3d. Cir.], April 24, 2006

NEW JERSEY DIVORCE LAWYER : DIRTY TRICKS

New Jersey divorce lawyers know it as one of the dirty-tricks. Matrimonial clients, sometimes with a wink from their attorney, consult another lawyer for the sole purpose of knocking out that lawyer from potentially representing their adverse spouse. While it may be impossible to stop such conniving clients, those who play loose with the system are now on notice: do it and you're in trouble. New Jersey Lawyer, April 21, 2006

NEW JERSEY MEDIATION : DEADBEATS

A new bill amends the law of intestate succession as to the right of certain parents to share in the estate of the parent's deceased child. Under current New Jersey law, distribution of the intestate estate of a decedent child who dies without a spouse or descendants is distributed equally to each surviving parent, without consideration for whether the malfeasant parent failed to provide for the child. Current New Jersey law provides only for a lien against the child's estate for the parent's failure to pay child support. The bill disqualifies a parent who failed to provide for an abandoned child from sharing in the intestate estate.   Senate Bill # S-1728, April 20, 2006

NEW JERSEY DIVORCE LAWYER : JOINT CUSTODY

New Jersey divorce lawyers have witnessed a growing shift toward joint legal custody the past five years, according to a member survey by the American Academy of Matrimonial Lawyers. Of those responding, 61 percent reported that trend. And 22 percent reported a noticeable increase in recent years of granting sole custody to fathers. "In many ways these results reflect trends within our own society. As both parents increasingly share the day-to-day responsibilities of child rearing, the court system is striking a more balanced tone on this issue by helping to address a growing demand for joint legal custody."   New Jersey Lawyer, April 19, 2006

NEW JERSEY DIVORCE MEDIATOR : MEDIATION AGREEMENT

Because the father did not prove that modification of parenting time would be in the best interest of the parties' son, the New Jersey divorce judge justifiably denied the application to modify the parties' New Jersey divorce agreement. Moreover, the agreement required the parties to mediate before resorting to litigation; since the father did not follow this procedure, this was an alternate ground for denying the motion.    Nolan v. Fleck, New Jersey App. Div., April 18, 2006

NEW JERSEY DIVORCE LAWYER : EARLY RETIREMENT

It was correct for the New Jersey divorce judge to deny the 62-year-old defendant's motion to reduce or eliminate his permanent alimony obligation based on an alleged change of circumstances arising from being laid off from his microbiologist position. Although his pension had not vested at the time of the New Jersey divorce and was not subject to equitable distribution, it could be used as income for calculating ability to pay alimony. Additionally, he had failed to present evidence of efforts to obtain new employment, merely stating that he had decided to retire, despite his education and qualifications, because the job market was "soft" for research scientists, especially of his age.    Ibrahim v. Ibrahim, New Jersey App. Div., April 17, 2006

NEW JERSEY FAMILY LAWYER : ARTIFICIAL INSEMINATION

A lesbian couple's request to put both their names on the birth certificate of their son, conceived through artificial insemination, has been rejected by a New Jersey divorce judge who determined adoption is the remedy for establishing parental rights. The judge ruled it's the legislature's role, not the court's, to decide whether New Jersey's artificial insemination statute should be extended to same-sex partners. The law grants parental rights to a husband who consents to his wife's artificial insemination with another man's sperm. Judges in different counties have issued varying rulings on the issue. Last year, a lesbian couple in Essex County won the right to have both their names listed on their baby's birth certificate. But judges in Burlington, Camden and Middlesex counties have denied similar requests. The Attorney General's Office opposes the inclusion of a same-sex partner of a birth mother on a birth certificate.     In Re O'Conor, New Jersey Lawyer, April 14, 2006

NEW JERSEY DIVORCE MEDIATION : BANK ACCOUNTS

The defendant bank had placed a hold on all of the accounts for which the plaintiff's wife was a signatory - including those owned by both husband and wife - instead of merely denying the wife access to the accounts, and the bank then dishonored several checks. The husband and wife failed to establish their claims against the builders for malicious abuse of process and tortious interference with contractual relations, and summary judgment was appropriate. Konner v. Hudson United Bank, New Jersey App. Div., April 13, 2006

NEW JERSEY DIVORCE LAWYER : CHILD SUPPORT

Although the New Jersey divorce judge correctly found the parties' income exceeded $150,800, she erred in concluding that she shouldn't use the New Jersey child support guidelines if the parties' income exceeded that amount. The guidelines must be the beginning point in all child support determinations, and the court may modify or disregard them if good cause is demonstrated. The judge should have applied the guidelines up to $150,800, and then supplement the guidelines-based award with a discretionary amount based on the remaining family income and statutory factors set forth in N.J.S.A. 2A:34-23a. The judge's findings of fact and conclusions of law were not articulated pursuant to Rule 1:7-4.    Siegel v. Siegel, New Jersey App. Div., April 12, 2006