New Jersey Family Law

MADISON DIVORCE MEDIATION

The New Jersey divorce judge correctly ruled that the mother violated prior court orders granting parenting time to the father. She removed the parties' son from New Jersey without consent or a court order. Accordingly, the following sanctions imposed on her are affirmed : the award to the father of compensatory parenting time over the Thanksgiving and Christmas holidays, payment by the mother of the child's round trip plane tickets back and forth to California; six weeks of parenting time over the summer, and cooperation with "liberal telephone contact" at least once per week, along with e-mail contact.   Calloway v. Freeman, New Jersey App. Div., November 29, 2006

PASSAIC COUNTY MEDIATOR

Neither employer contributions to a 401(k) plan, nor the income generated by that plan, would have been available to pay child support expenses in an intact family and are, therefore, not includable in determining a parent's income for New Jersey divorce child support purposes.    Forrestall v. Forrestall, ___ N.J. Super. ___ (2006); New Jersey App. Div., November 28, 2006

MORRIS COUNTY MATRIMONIAL LAWYER

Her complaint for damages against her former boyfriend was properly dismissed. Although she claimed promissory estoppel and breach of his alleged oral agreement to divorce his wife, plaintiff failed to establish damages. Also, her claim was precluded by waiver, repudiation, abandonment and impossibility, because it was plaintiff herself who ultimately terminated the relationship, thereby preventing defendant from fulfilling his promises. Plaintiff did not make out a prima facie case and failed to prove that defendant made definite promises to her when she supposedly changed careers and moved to Florida, allegedly to be with him. Redeker v. Lutz, New Jersey App. Div., November 27, 2006

HUDSON COUNTY DIVORCE LAWYER

The New Jersey divorce judge's various rulings are affirmed. These include the denial of counsel fees due to the failure to provide the underlying data required under the Rules of Court and the granting of temporary retroactive reduction in 2003 alimony payments based on a change of circumstances.   DeMatteis v. DeMatteis, New Jersey App. Div., November 24, 2006

ENGLEWOOD CLIFFS DIVORCE ATTORNEY

In many New Jersey divorce cases involving contested child custody, mental health professionals are called upon as expert witnesses. In this case, citing B.D. v. Carley, 307 N.J. Super. 259 (1998), the court grants plaintiff’s motion to have his medical examination taped and to have a health-care professional observer present as well.  Bouhlas v. Wahby, New Jersey Law Div., November 22, 2006

NEW JERSEY FAMILY LAW MEDIATION

In a ruling bearing on New Jersey divorce cases and the equitable distribution of closely-held businesses, the Internal Revenue Service recently released a new version of its Business Valuation Standards. These standards are a product of the Valuation Policy Council and are aimed to improve compliance and utilization of resources. Specific attention is given to assist examiners with respect to assignment planning, analyzing documentation, work paper preparation, and the review of third-party valuations. Internal Revenue Service, IRM 4.48.4, November 20, 2006

MILLBURN DIVORCE MEDIATOR

It was error for the New Jersey divorce judge to ignore the parties' New Jersey settlement agreement by questioning the ex-husband's judgment in selling his interest in his business, since this decision was reached while the parties were still married. There was nothing to suggest it was made to evade or minimize his obligations or prejudice the ex-wife. However, because the record of plaintiff’s income is incomplete, a plenary hearing is required to resolve the questions presented by the modification application as to his current income and his ability to earn commensurate with his education and professional background. Burg v. Burg, New Jersey App. Div., November 16, 2006.

TENAFLY DIVORCE ATTORNEY

The New Jersey divorce judge was correct in ordering that (a) the parties' 11 year-old daughter must be accompanied by an adult chaperone known to her while traveling to and from Florida for parenting time, based on the judge’s interview with the child and her anxiety at flying alone or with a stranger, such as a flight attendant; and (b) directing the father to pay all of the daughter’s and chaperone’s travel expenses.  Kennedy-Gallagher v. Sadoff, New Jersey App. Div., November 15, 2006

MORRISTOWN DIVORCE

Whitney Houston's New Jersey mansion will be sold by the Morris County Sheriff's office because she's more than $1 million behind on the mortgage. In addition, Mendham Township is owed $83,000 in property taxes. The property will be advertised in newspapers for 4 weeks before the January 4, 2007 sale in Morristown. Houston's estate comprises two lots, and the sale would be of the lot assessed at $889,300. The adjacent lot is valued at more than $5.6 million. Houston, 43, bought the properties in 1987 for $2.7 million. In September, Houston  filed for divorce from singer Bobby Brown after a 14-year marriage.  Associated Press, November 13, 2006

NEW JERSEY FAMILY LAW DOMESTIC VIOLENCE

Under the narrow definition of "victim" under N.J.S.A. 2C:25-19(d) of the Prevention of Domestic Violence Act, an unemancipated minor who has been sexually assaulted by her cohabitating stepfather cannot obtain a restraining order against him under the Act if she does not become pregnant. Nor does the minor's mother have standing under the Act to obtain a Restraining Order on her daughter's behalf. Any remedy to the statute's deficiencies must come from the legislature.    M.A. v. E.A., ___ N.J. Super. ___ (App. Div. 2006); New Jersey App. Div., November 7, 2006