New Jersey Family Law

PASSAIC COUNTY NEW JERSEY DIVORCE MEDIATION CHILD SUPPORT

The New Jersey divorce judge did not err in increasing child support for the two children from $3250 to $5750 per month. Because of the increase in the father's income and the passage of 8 years without any modification, the parties' "extremely high incomes" rendered the New Jersey Child Support Guidelines inapplicable. Instead, fixing child support based on the statutory factors set forth in N.J.S.A. 2A:34-23a factors was correct, especially since the father did not claim that he was unable to pay the increased obligation but instead questioned whether the award reflected the children's reasonable needs.     Meyer v. Meyer, New Jersey App. Div., July 20, 2007

CHATHAM NEW JERSEY MORRIS COUNTY DIVORCE CHILD VISITATION MEDIATION

After the parties' New Jersey divorce, the father consented to the mother's relocation from New Jersey to South Carolina with the parties' son. The parties signed an written agreement that set forth the father's parenting time and the transportation arrangements. However, the New Jersey divorce judge directed the father would have additional parenting time every fifth weekend and that the mother was solely responsible for transporting the son to and from New Jersey. Although the judge found it would be in the son's best interests "to spend more regularly scheduled time" with the father, the parenting schedule and transportation arrangements to which the parties had agreed should not have been modified based solely on their disputed allegations.  King v. King, New Jersey App. Div., July 19, 2007

WEST ORANGE NEW JERSEY ESSEX COUNTY DIVORCE ATTORNEY ALIMONY

The New Jersey divorce judge denied the ex-husband's request for retroactive termination of his alimony obligation, with a thorough discussion of the ex-wife's alleged cohabitation, rejecting termination on that basis. However, the judge prospectively granted termination as of the date she "permanently" procured a job with an income greater than his. Nevertheless, the orders entered below give three different dates for the prospective termination; and, even if the final date is used, the court finds that there are inadequate reasons given for use of that date, requiring remand.  Sweeney v. Sweeney, etc., New Jersey App. Div., July 18, 2007

SUMMIT NEW JERSEY UNION COUNTY DIVORCE ATTORNEY CHILD SUPPORT

The New Jersey divorce judge was correct in his calculation of child support; in not requiring the father to obtain a life insurance policy to secure his child support obligation; in allocating expert accounting fees; in the valuation of the parties’ van; and in the award of counsel fees to the ex-wife. However, the trial judge erred: (1) by failing to equitably distribute the proceeds of the sale of the marital home; and (2) in failing to consider a $62,000 loan plaintiff made to defendant.    Bradford v. Gregorio, New Jersey App. Div., July 17, 2007

HOBOKEN HUDSON COUNTY DIVORCE MEDIATION ALIMONY

The New Jersey divorce judge correctly imputed income to the ex-husband and denied his motion seeking termination of alimony and a reduction of his child support obligation based on an alleged reduction of income from $115,000 to $70,000 per year. Although the judge recognized that the reduction was significant, he found that, given defendant's age, educational and professional background, and his earnings history, defendant was voluntarily underemployed, thus artificially depressing his ability to earn income commensurate with his marketable skills.    Hartigan v. Hartigan, New Jersey App. Div., July 16, 2007

CRESSKILL NEW JERSEY BERGEN COUNTY DIVORCE LAWYER

The New Jersey divorce judge correctly imputed income to the ex-husband and denied his motion seeking termination of alimony and a reduction of his child support obligation based on an alleged reduction of income from $115,000 to $70,000 per year. Although the judge recognized that the reduction was significant, he found that, given defendant's age, educational and professional background, and his earnings history, defendant was voluntarily underemployed, thus artificially depressing his ability to earn income commensurate with his marketable skills.     Hartigan v. Hartigan, New Jersey App. Div., July 12, 2007

NEW PROVIDENCE NEW JERSEY UNION COUNTY DIVORCE MEDIATION CHILD SUPPORT

The New Jersey Supreme Court has modified the New Jersey Child Support Guidelines. Previously, the Guidelines applied to parents with a combined after-tax maximum income of $4,420 a week or $230,000 a year. Effective September 1, 2007, the New Jersey Child Support Guidelines will max out at a combined net parental weekly income of $3,600 or approximately $187,000 a year. For cases in which family income is higher than the Guidelines, New Jersey divorce courts will continue to be guided by the statutory criteria for child support, exisiting case law and individual family considerations.      New Jersey Supreme Court, July 11, 2007

CONVENT STATION NEW JERSEY MORRIS COUNTY PATERNITY MEDIATION

May the Parentage Act’s statute of repose, N.J.S.A. 9:17-45b, be equitably tolled to allow the filing of a child-support-reimbursement complaint against the biological father 8 years after the repose period had elapsed ? Under the facts presented here, the doctrine of equitable tolling is not applicable and the action against the biological father is barred by the Parentage Act's statute of repose. The trial court was correct in dismissing the paternity claim.    R.A.C. v. P.J.S., Jr., et al., New Jersey Supreme Court, ___ N.J. ___ (2007); July 9, 2007

HOBOKEN NEW JERSEY HUDSON COUNTY DIVORCE LAWYER TAX LIABILITIES

When a married couple files jointly, both spouses typically are responsible for taxes, interest or penalties. In some cases, though, one spouse may be relieved from the debt. See the IRS's new Form 8857, which the agency says will "help reduce follow-up questions." The new form "will ask more questions initially, but collecting critical information early in the process will mean faster processing." The IRS estimates the new design will eliminate an estimated 30,000 follow-up letters each year.    Internal Revenue Service, www.irs.com; July 5, 2007

MILLBURN NEW JERSEY ESSEX COUNTY DIVORCE LAWYER ALIMONY REDUCTION

A New Jersey appeals court just ruled that the $500,000-a-year alimony New Jersey Devils all-star goaltender Martin Brodeur was ordered to pay his ex-wife was excessive and needs to be revised. In a lengthy opinion that detailed the history of Brodeur's career, his earnings and his marriage, a 3-judge panel did not recommend a new alimony figure but said the alimony should be of "limited duration," not permanent. Brodeur, 33, contended his wife, who is two years younger than him, was not entitled to alimony for life, in part, because they'd been married less than 8 years. The New Jersey judgment of divorce was filed in 2005.    Dubois v. Brodeur, New Jersey App. Div., July 3, 2007