New Jersey Family Law

JERSEY CITY DIVORCE MEDIATION

After reviewing the court-appointed independent expert's recommendation and conducting an eight-day trial on the issue, the New Jersey divorce judge did not err in permitting the mother to relocate to Japan with the parties' child. The mother, originally from Japan, testified she has no family in this country, but her entire family and all of her friends were still in Japan, and could help her with child care for her young daughter. Moreover, she had better job prospects in Japan, her daughter could attend a good school of which her own father was principal, and she offered a reasonable plan for the father's exercise of parenting time.    Mackinnon v. Mackinnon, New Jersey App. Div., February 27, 2007

ESSEX COUNTY DIVORCE

Because the New Jersey divorce judge failed to conduct a hearing and did not allow the parties to present oral argument on the return date of plaintiff's motion, the order requiring the father to pay a portion of his son's college expenses is reversed. Although the matter was once remanded for further findings by the civil appeal settlement program judge, the four-page supplemental opinion was still inadequate, as most of the Newburgh factors were still not addressed, and the judge's opinion continued to rely on an erroneous assumption in the first order, i.e., that the son's mere enrollment in college, without more, triggered the parents' obligation to pay.   Robinson, etc. v. Bodden, New Jersey App. Div., February 26, 2007

ESSEX COUNTY DIVORCE MEDIATION

The New Jersey Health Benefits Commission properly denied payment of the mother's claim for her son's orthodontic treatment. Although the boy suffers from a cranial deformity which affects his skull and jaws, and underwent surgery which was covered, the plan excludes treatment of "mouth conditions," regardless of the cause of those conditions. Relying on its own regulations and its handbook, the Commission justifiably determined that the dental/orthodontic treatment was not covered.   Salamon v. State Health Benefits Commission, New Jersey App. Div., February 23, 2007

DUMONT DIVORCE MEDIATION

The mother's objections to the court-appointed Parenting Coordinator are rejected. The New Jersey divorce judge is affirmed in :  1. refusing to expand the mother's parenting time; 2. disallowing overnight visitation the night before (or the night of) each child's birthday, unless the Parenting Coordinator agreed; 3. denying the mother's request to provide the youngest son with a cellular phone; 4. denying the mother's request for unlimited email and telephone access to the children; 5. granting the father's request to bar the mother from entering the gated community where he lives; 6. denying the mother's request that the father be held responsible for payment of all the children's therapy bills; 7. granting the father's request that the mother be barred from submitting claims to his health insurance company, except in emergency; and 8. permitting the father to deduct from his tuition reimbursement payments to the mother any money she owed him from a prior order. J.M.M. v. S.M., New Jersey App. Div., February 22, 2007

CHATHAM DIVORCE MEDIATION

The New Jersey Supreme Court has received a proposal to revise the controversial New Jersey Child Support Guidelines yet again. Just introduced in September, 2006, the changes brought more high-income families under the guidelines, up to $ 4,420 net income per week, increased from $2,900 per week. But naysayers have been criticizing the change, saying the child support expenses of wealthier families vary so greatly that the revised New Jersey Child Support guidelines just don’t work. The latest compromise recommendation is a weekly cutoff at $3,600.    New Jersey Lawyer, February 21, 2007

BERNARDSVILLE DIVORCE LAWYER

The Appellate Division reverses the trial court's denial of the father's motion to suspend the court-ordered periodic payments toward liquidation of his accumulated child support arrears, where his only source of income since 2001 has been Social Security Income for diagnosed schizophrenia, which condition makes him unable to work. The  New Jersey divorce judge misinterpreted Burns v. Edwards; Social Security Income should not be included in the calculation of child support when the disabled parent receives no other income, and has no ability to generate any other income for imputation purposes.   Crespo v. Crespo,  New Jersey App. Div., February 20, 2007

BERGEN COUNTY DIVORCE MEDIATOR

It was proper for the New Jersey divorce judge to compel the father to comply with the parties’ New Jersey divorce agreement, signed only 18 months ago, by requiring payment for college expenses . The judge also dismissed the father's motion to reduce child support and awarded counsel fees to the mother. As to college expenses, although the father is upset that his ex-wife and daughter did not consult or communicate with him regarding the daughter’s choice of college, the Agreement does not require it . Also, the father did not object to his daughter’s choice until after she had already commenced her freshman term, and only after the mother filed a motion to enforce litigant’s rights. As to the reduction of child support, the judge denied the motion without prejudice, since the father had not submitted the required Case Information Statement, without which the judge could not make an informed decision.   Jones v. Jones, New Jersey App. Div., February 16, 2007

BASKING RIDGE DIVORCE MEDIATION

Charles C. Abut, Esq., accredited Commercial and Family Mediator, just attended and successfully completed a training seminar in Advanced Mediation. The seminar program, which included Bioethics Mediation, Probate Disputes Mediation, Risk Analysis in Mediation and Internet Mediation Techniques, was sponsored and presented by the New Jersey Association of Professional Mediators. February 15, 2007

MADISON DIVORCE ATTORNEY

The ex-husband had a criminal record and a history of past domestic violence -- punching, kicking and choking the ex-wife; throwing her out of his car; and threatening to kill her. Further, she testified that every time she dropped the children off for visitation with him, he made a slashing motion across his throat, making her fear that he was not going to stop until he killed her; that she felt "hunted" and helpless; and that she was afraid to leave her home. Therefore, the entry of the New Jersey restraining order against him was appropriate. Cajina v. Luciano, New Jersey App. Div., February 14, 2007

HACKENSACK DIVORCE LAWYER

The New Jersey family law judge granted unsupervised weekly visitation to the paternal grandparents under the New Jersey grandparent visitation statute. But this decision is now reversed, since their only evidence was that they babysat the toddler on occasion, and the mother was amenable to supervised visitation, possibly once a month. The grandparents' proofs were clearly insufficient to satisfy the high burden of proof of harm required under Moriarty v. Bradt to rebut the presumption in favor of parental decision-making. The judge made no finding (and the record is devoid of evidence to support a finding) that visitation was necessary and the monthly supervised visitation schedule offered by the mother was inadequate to avoid harm to the child.     Rente, et vir. v. Rente, New Jersey App. Div., ___ N.J.___ (App. Div. 2006); February 13, 2007