New Jersey Family Law

EDGEWATER DIVORCE MEDIATION

The New Jersey divorce judge was correct in raising the father's child support from $200 to $443 weekly . The father's testimony was inconsistent and less than credible as to his income; moreover, his expenses far exceeded what he reported as his income as a self-employed landscape contractor; and his CIS contained omissions and deficiencies. The judge also did not abuse his discretion in awarding the mother $24,726 in counsel fees based on her financial needs and ability to pay, as well as the father's bad faith in ignoring court orders and prior agreements.   Cushman v. Losasso, App. Div., January 18, 2007

HACKENSACK DIVORCE MEDIATOR

The New Jersey divorce judge properly denied the ex-husband's motion to terminate his alimony obligation, based on his age (55) and the depressed economic status of the airline industry, which allegedly prevented him from obtaining other work as a pilot when he retired from the Air Force Reserves. But his retirement from the military had been anticipated in the parties’ agreement at the time of the New Jersey divorce. Therefore, although it represented a change of circumstances, it did not present sufficient grounds for alimony termination.     Bosch v. Alles-Bosch, New Jersey App. Div., January 17, 2007

SOUTH ORANGE FAMILY LAWYER

A power failure at the beginning of a wedding reception relieved the defendant banquet hall of its contractual obligation to provide a reception because the lack of lighting and the shutdown of the air conditioning system made continuation of performance impracticable. However, the banquet hall’s inability to perform the contract for the reception also relieved the plaintiffs’ obligation to pay the full contract price.   Facto v. Snuffy Pantagis, New Jersey App. Div., January 16, 2007

SHORT HILLS DIVORCE LAWYER

The ex-husband's appeal contentions are rejected. The trial court was correct (1) in not permitting a postponement of the trial, even though the matter had been pending for a year, to allow the "joinder of indispensable parties" and discovery against them; (2) in not permitting prior counsel to remain at counsel table with him to serve as a personal interpreter; (3) in denying his pre-trial applications; (4) in failing to take a negative inference against the ex-wife because her father’s cross-examination was not completed; and (5) in its equitable distribution of the marital residence.    Araujo v. Ribeiro, New Jersey App. Div., January 15, 2007

ALLENDALE DIVORCE MEDIATOR

The ex-husband violated the New Jersey domestic violence statute by sending a series of emails to his ex-wife over a 2 month period, even though the emails did not contain threats to her person or property. But the emails did contain threats that, unless she responded, he would go to the police, as well as disparaging comments about her psychological well-being and parenting ability. There was no legitimate purpose for the emails other than to annoy and exercise continuing control over her.   Hunter v. Scheinert, New Jersey App. Div., January 12, 2007

HACKENSACK DIVORCE GROUNDS

Under a new bill just enacted into law, New Jersey divorce just became easier. A ninth cause of action for New Jersey divorce has been added, providing as follows : "Irreconcilable differences which have caused the breakdown of the marriage for a period of six months and which make it appear that the marriage should be dissolved and that there is no reasonable prospect of reconciliation."   New Jersey P.L.1971, c.217, s.11, January 11, 2007

MORRISTOWN DIVORCE MEDIATION

The deceased ex-husband should have maintained the life insurance policy on his life, called for under the parties' New Jersey judgment of divorce. Therefore, the ex-wife's motion for a $300,000 judgment against the defendant (the Estate of the late husband) for failure to provide the insurance was properly granted, for benefit of the parties’ unemancipated daughter, even though the Estate had a pending coverage suit against the insurer.  Weiss, etc. v. Estate of Robinson, Deceased, New Jersey App. Div., January 11, 2007

ESSEX COUNTY DIVORCE MEDIATOR

The New Jersey divorce judge was correct in reducing the father’s child support obligation from $2,000 per month to $199 per week, even though he himself had not established a change in his circumstances. Where the original child support award was based on his earning $50,000 per year and the mother's earning $0, but she obtained employment earning $$39,000 per year gross, a reduction was appropriate under the New Jersey Child Support Guidelines.    Ortiz v. Fiore-Ortiz, New Jersey App. Div., January 10, 2007

BERGEN COUNTY DIVORCE LAWYER

The mother was entitled to a plenary hearing and a complete Newburgh analysis from the New Jersey divorce judge . Thus, the order directing her to pay a proportionate share of her estranged daughter’s college tuition is reversed and the matter remanded for further proceedings. Of particular concern is the judge’s failure to consider the mother's limited financial resources; the impact her estrangement from her daughter had on the father's decision to exclude the mother from any meaningful discussion about the daughter’s education prospects; the root factors that led to the breakdown of the relationship, and any exacerbation by the mother's post-separation conduct; and the lack of evidence showing the parties’ agreement to pay for the daughter’s college education.   Dahms, Jr. v. De Santo, New Jersey App. Div., January 9, 2007 

ENGLEWOOD DIVORCE LAWYER

In this federal appeal, the court rejects an argument that federal law, once triggered, pre-empts New Jersey divorce law or otherwise prohibits the New Jersey divorce court from compelling a delinquent parent to pay child support arrearages at a rate greater than that imposed by a federal court in ordering restitution pursuant to the Child Support Recovery Act, 18 U.S.C.A. § 228.   Giordano v. Giordano, New Jersey App. Div., January 8, 2007