New Jersey Family Law

MORRIS COUNTY FAMILY MEDIATION

Dismissal of the father's complaint against the insurance company for coverage under his homeowner's policy affirmed. The father sought a defense against and indemnity for allegations that the son, an adult with intellectual deficits, had molested the plaintiff while she was an infant and that the father had failed to supervise the son properly. The intentional act exclusion in the policy "unequivocally" removed coverage; the Appellate Division rejected the father's arguments that the exclusion was ambiguous and that the son's intellectual deficits created a material dispute as to whether the molestation was "intentional" under the policy.     Villa v. Short, New Jersey App. Div., December 27, 2006

HACKENSACK FAMILY MEDIATION

Dissatisfied with the New Jersey state court dismissal of his domestic violence complaint against his brother, plaintiff filed this civil rights action seeking to have the court exercise its authority to keep his brother from entering the home, or to prevent the police from threatening him with incarceration if he did not allow this. In effect, plaintiff is appealing the New Jersey decision, and that is where he should seek redress; the federal court cannot exercise jurisdiction over this "appeal" simply because supposed "due process" violations are alleged.   Huertas v. City of Camden, et al., U.S. Dist. Ct., December 26, 2006

MORRIS COUNTY DIVORCE ATTORNEY

On remand for a Lepis hearing, the New Jersey divorce judge determined that plaintiff was disabled, awarded him counsel fees and costs, reduced his support obligations retroactively and gave him a credit for all retroactive SSD benefits paid to the child. But on appeal, held that: (1) a credit for weeks during which plaintiff had no court-ordered support obligation was not equitable; (2) a credit for the period during which plaintiff was required to pay support at the level set in the final judgment was equitable under Sheren v. Moseley; and (3) a credit for benefits paid for weeks during which plaintiff was charged with support at a reduced level was neither equitable nor consistent with the child support guidelines (Rule 5:6A).  Diehl v. Diehl, ___ N.J. Super. ___ (App. Div. 2006); New Jersey App. Div., December 22, 2006

BERGEN COUNTY DIVORCE MEDIATOR

Wife's real estate appraisal witness, who performed appraisal update 21 months after another appraiser from his firm had conducted original appraisal, lacked knowledge of essential facts needed to qualify him to form an expert opinion on value of residential property where witness did not personally inspect the interior of the structures and did not personally view the property, not even from a distance, but instead relied on facts from original appraisal report which had been excluded from evidence.  Porter v. Thrane, 98 Conn. App. 336, 908 A.2d 1137, December 21, 2006  

http://www.jud.state.ct.us/external/supapp/Cases/AROap/AP98/98AP451.pdf

DEMAREST DIVORCE MEDIATION

Husband's expenditure of approximately $30,000 of marital funds to purchase car to restore with his son, which husband intended to gift to son upon completion of restoration, did not constitute dissipation of assets justifying award of $15,000 to former wife. Although the decision to spend these funds might have been imprudent or unwise, they were nevertheless expended on an endeavor within ambit of the family.   Squindo v. Osuna-Squindo, Florida Third District Court of Appeal, December 20, 2006; 

http://www.3dca.flcourts.org/3d05-1616.pdf

ENGLEWOOD DIVORCE LAWYER

The decedent's daughter had no interest in real property which was titled in the name of decedent and his second wife at the time of his death. The property belonged to the second wife at the time of the New Jersey marriage, and was later deeded into the names of the married couple. In light of N.J.S.A. 46:3-17.3, because the deed did not contain any manifestation of an intent to create a tenancy in common or a joint tenancy, a tenancy by the entirety was created. Thus, the trial court correctly rejected the argument that the transfer did not establish a tenancy by the entirety merely because the deed did not include the words "husband and wife."    I/M/O Estate of Brown, Deceased, New Jersey App. Div., December 19, 2006

HACKENSACK DIVORCE LAWYER

Defendant was statutorily presumed under N.J.S.A. 9:17-43a(1) to be the father of a child born to his wife during their marriage and he was properly relieved of all financial obligations for the child when genetic testing established he was not the biological father. However, he is not entitled to recover from his ex-wife sums he paid for the support of the child from birth to the time that the presumption of paternity was rebutted. In spite of her deceit, the ex-wife is not liable for reimbursement of child support. She was not unjustly enriched, because responsibility for support runs from parent to child, not parent to parent. Requiring reimbursement would be contrary to the best interests of the child because that would result in depletion of resources for the child. If anyone has been unjustly enriched, it was the biological father : the putative father's remedy is against him, not the mother. J.S. v. L.S., ___ N.J. Super. ___ (App.Div. 2006); New Jersey App. Div., December 18, 2006

PASSAIC COUNTY DIVORCE LAWYER

The New Jersey Legislature has voted to allow civil unions between same-sex couples. The civil union law was promulgated in response to an October 2006 New Jersey Supreme Court decision, Lewis v. Harris, to assure that gay and lesbian couples are guaranteed the same rights as married heterosexual couples. New Jersey would be the third state, after Vermont and Connecticut, to establish civil unions for gay and lesbian couples. Same-sex marriages are allowed only in Massachusetts, which has a residency requirement, although many gays and lesbians have married in Canada. If enacted by the Governor, the measure would amend New Jersey's matrimonial laws by writing civil unions into all sections, such as those governing divorce, prenuptial agreements, custody, inheritance and powers of attorney in financial and medical matters. It also would create a three-year study commission to decide whether the state should go further and establish the right to gay marriage. Bloomberg.com, December 15, 2006

ESSEX COUNTY DIVORCE LAWYER

The New Jersey divorce judge erred in denying the ex-husband's motion to terminate his alimony obligation. Since the New Jersey divorce, the ex-wife's income had increased, but the judge only focused on the fact that the ex-husband's income had stayed about the same since the divorce, and it did not refer to Stamberg v. Stamberg, which held that "a payor spouse is as much entitled to a reconsideration of alimony where there has been a significant change for the better in the circumstances of the dependent spouse as where there has been a significant change for the worse in the payor's own circumstances." Thus, it was unclear as to whether the proper legal principles had been applied.  Garrett v. Garrett, New Jersey App. Div., December 14, 2006

MORRIS COUNTY DIVORCE ATTORNEY

What happens to an entrepreneur's business upon a New Jersey divorce? It's an important question, given that small business is the primary engine of economic growth in America. Very small businesses (with fewer than 20 employees) are responsible for half of the country's nonfarm real gross domestic product and "have generated 60% to 80% of the net new jobs over the past decade." For the entrepreneur of a small company without a prenuptial agreement eliminating the entity from contention, the business is just another asset in the marital estate subject to distribution. Regardless of whether it's an S corporation, a limited liability corporation, limited partnership or even a sole proprietorship, you have the right to have the entity valued and divided, typically in the form of a lump sum payout to the uninvolved spouse, when you and your partner part. Forbes Magazine, December 13, 2006