New Jersey Family Law

FLORHAM PARK NEW JERSEY DIVORCE LAWYER

Uncle Sam is closing a common tax loophole that allowed wealthy parents to give stock to their children so they could use the kids’ lower tax rates on the investment income portion of their income. Starting next year, full-time students under 24 whose investment income is above $1,700 will pay at their parents’ rate. Until a year ago, that age was 14, leading many affluent couples to use their children as convenient tax shelters. The new law "is going to effect a lot of people," as told to The Wall Street Journal by New York CPA Ed Slott.      New Jersey Lawyer, May 23, 2007

MADISON NEW JERSEY DIVORCE MEDIATION

Because the New Jersey divorce transferred defendant’s marital tort claim pursuant to Tevis v. Tevis from the Family Part to the Civil Part without undertaking the analysis required by Brennan v. Orban, the matter is remanded to determine if the matter can be tried by a jury in the Family Part in the exercise of ancillary jurisdiction, or whether those claims should be severed and transferred to the Civil Part for trial by jury.     Patel v. Patel, New Jersey App. Div., May 22, 2007

FORT LEE NEW JERSEY DIVORCE MEDIATION

Mom and Dad obtained their New Jersey divorce. Their son lived with the mother in the grandfather's home "most of the time". The son admitted he stole $3,800 in quarters the grandfather stored in the basement of the home. Although the son and his mother executed an agreement promising to repay the $3,800, the father did not. The grandfather sought a judgment that declared both defendants responsible for the $3,800. While it was proper to enter judgment against the mother and son, the father could not be held liable. There was no showing that the father knew or should have known about the quarters or the son's intent to take them or that the father had the ability to control the son while the son was in the grandfather's home.   Reading v. Mahon, New Jersey App. Div., May 21, 2007

EDGEWATER DIVORCE EARLY RETIREMENT

The ex-wife filed a post judgment motion to enforce the payment of alimony. The ex-husband had lost his 30 year job as an insurance broker earning $340,000 per year, but a private investigator revealed he had substantial assets with which to make alimony payments, including 2 pieces of real estate valued at over $1 million each, and a $365,000 condominium in Tennessee purchased 4 months after he stopped working. He was also involved in two corporations, information he had not previously disclosed. She claimed he voluntarily retired and made no good faith efforts to find suitable employment. HELD : he continuation of alimony was affirmed and the cross-motion to reduce or terminate alimony was properly denied. There was a failure to make a prima facie case of substantially changed financial circumstances . In addition to the real estate, the ex-husband has 2 luxury cars and a boat. Moreover, he failed to prove he was involuntarily discharged, as opposed to taking an early retirement package; and he failed to provide sufficient evidence he could not find new employment.     O'Donovan v. O'Donovan, New Jersey App. Div., May 18, 2007

SUMMIT DIVORCE LAWYER

Plaintiff, at age 19, sued her uncle, for injuries resulting from his sexual abuse of her when she was between the ages of 3 and 8. The New Jersey Supreme Court considers whether a case based on repressed memories of sexual abuse can be submitted to a jury without expert testimony explaining how the victim came to recall the abuse. HELD : plaintiff did not require expert proof about her recall of the sexual abuse as a condition of its submission to the jury. Her ability to recall the events went to the weight to be accorded her testimony, not its admissibility.   Phillips v. Gelpke, et ux., New Jersey Supreme Ct., ___ N.J.___ (2007); May 17, 2007

ENGLEWOOD CLIFFS CHILD CUSTODY MEDIATION

The New Jersey divorce judge denied the mother custody of the child in question, to whom she is not related. Although she was considered a family friend and had been asked to care for the child at times by both the natural mother and the maternal grandmother with whom DYFS had placed the child, she did not prove that she was a psychological parent of the child for custody purposes. The appellate court rejects plaintiff's argument that the trial judge should have exercised her discretion and appointed a psychologist to assister her in determining whether she had established a parent-child bond with the child. The judge's determination that plaintiff had not met her burden of proof was possible without the need of any expert testimony.  R.B. v. A.P., New Jersey App. Div., May 14, 2007

ENGLEWOOD DIVORCE BANKRUPTCY

Her former fiancé obtained a $26,000+ judgment against her, entered by default and renewed on his complaint alleging both negligent and willful and malicious personal injury. Reviewing the parties' testimony at trial, the court finds his testimony that she intentionally kicked him in the head to be credible and true, and holds that his judgment is a non-dischargeable debt and is collectible against her.     McCann v. Jacques; In re: Jacques, Debtor, U.S. Bankruptcy Ct., District of New Jersey, May 10, 2007

BERGEN COUNTY PROBATE

The children challenged the decedent’s will dated April 19, 2001 and a number of inter vivos gifts, due to undue influence by their stepmother and lack of testamentary capacity. The court set aside one gift but denied the remainder of the children’s request for relief. The decedent was diagnosed with Alzheimer’s disease in September 2000, and died in December 2004; the court concluded that there was no competent evidence that the decedent lacked testamentary capacity during any time relevant to the formulation or execution of his estate plan and that he had not become "so enfeebled as to have rendered his free will susceptible to being overcome" by the stepmother’s influence until sometime after April 2001. So the court rejected the challenge to the will and to the decedent’s conveyance of real property on April 16, 2001. But the decedent’s change of beneficiary to the stepmother on three separate IRAs in May 2002 was set aside because the stepmother was unable to rebut the presumption of undue influence.     In Re Estate of Prochazka, New Jersey Ch. Div., May 9, 2007

EDGEWATER DIVORCE LAWYER

The New Jersey divorce judge was correct in ordering the father to reimburse the mother for half of his daughter's college expenses - specifically room and board, computer, books, transportation and food. The court properly rejected the father's challenges to the reasonableness of the costs - which had already been incurred over the past years and were never objected to by him -- and his arguments that his daughter could have procured cheaper lodgings and a more inexpensive computer.    Maddox v. Maddox, New Jersey App. Div., May 8, 2007

SPRINGFIELD DIVORCE MEDIATOR

In an action brought by adoptive parents against an adoption agency asserting wrongful adoption/fraud, negligence and breach of fiduciary duty, and intentional infliction of emotional distress claims arising from plaintiffs' adoption of a child in 1961, orders granting leave to proceed on the issue of punitive damages and dismissing certain claims are affirmed in part. Although plaintiffs may seek compensatory damages, punitive damages are not available for the first claim and statutes of limitations bar the second and third claims.    Ross v. Louise Wise Servs., Inc., New York Court of Appeals, May 7, 2007

http://caselaw.lp.findlaw.com/data/ny/cases/app/58opn07.pdf

MAPLEWOOD DIVORCE ATTORNEY

A receiver had been appointed by the New Jersey divorce judge to marshal the father’s assets and to pay his child support obligation, which he had refused to pay. Here, the Appellate Division affirms the orders (1) approving the receiver’s accounting; (2) awarding attorney’s fees to the receiver, and (3) confirming the receiver’s proposal to put $200,000 from the receivership account into an investment plan recommended by an investment broker and the mother had accepted.     Hoffman v. Hoffman, New Jersey App. Div. May 4, 2007

WATCHUNG DIVORCE MEDIATION

It is clearly improper to base a finding of domestic violence upon acts not even mentioned in the complaint. While the New Jersey divorce judge kept the wife within the four corners of her complaint when she attempted to expand on the parties’ history, he never advised her that she could amend her complaint. There was also no physical contact between the parties on the date in the complaint, and she acknowledged on cross-examination that her husband never threatened her "in any way." Yet, while she insisted she was very fearful of him, she never explained why. The judge did not specifically find a purpose to alarm or seriously annoy. It is not clear defendant's efforts to speak with plaintiff after he had been followed by her daughter provide a valid basis for inferring a purpose to alarm or seriously annoy. A new trial is required on remand.    Loveland v. Hauke, New Jersey App. Div. May 2, 2007

HUDSON COUNTY MEDIATION

The daughter challenged her deceased mother's testamentary capacity. Further, she claimed the executrix under the will (the mother's niece) had exerted undue influence on the mother. Although there was a confidential relationship between decedent and her niece, shifting the burden to defendant to disprove undue influence, the judge found the niece met that burden. While decedent wanted the niece to get her an attorney, and the niece did not do so, but bought a "do-it-yourself" will kit, all witnesses testified the decedent was strong-willed and did not change her mind once she made it up. The witnesses also testified the decedent was disappointed in her daughter for not spending more time with her granddaughter; and she had said on a number of occasions she wanted to split her estate 50/50 between plaintiff and the granddaughter, exactly what was provided for in the will. Undue influence was properly rejected.       I/M/O Estate of Rubino, New Jersey App. Div., May 1, 2007