New Jersey Family Law

EDGEWATER NEW JERSEY BERGEN COUNTY DIVORCE LAWYER DISCOVERY

Because he was guilty of flagrant and repeated violations of the New Jersey divorce court's discovery orders, the ex-husband's answer to the New Jersey divorce complaint was properly stricken. The court’s attribution of income to the ex-wife is reasonable in light of her inability to resume a prior job that required frequent absences from their child. The award of limited duration alimony is sustained given the duration of the marriage, the parties’ ages, their education, health, and work experience. The determination of assets subject to equitable distribution, the allocation of the amount of each party’s distribution at 50%, and the credits against equity to enable the distribution award conformed with case law and was based on substantial evidence. There was no abuse of discretion in the court granting defendant’s request for parenting time in Israel, subject to plaintiff accompanying the child on the trips.      Granate v. Sharav, New Jersey App. Div., August 28, 2007

JERSEY CITY NEW JERSEY HUDSON COUNTY DIVORCE ATTORNEY SUPPORT ARREARS

Even though the New Jersey judgment of divorce was entered in 1980, the final restraining order was entered in the 90's and both children are now in their thirties, the ex-wife wanted child support arrears, paternity testing, an accounting and termination of a final restraining order prohibiting her from having any contact with the ex-husband or his family members. The New Jersey divorce judge denied all these applications, ruling that the ex-wife had no standing to seek the testing because the money had been disbursed to the daughter twelve years earlier, and the daughter, who was now 35, could make the application herself. The child support arrears claim was dismissed because support payments ended 12 to 14 years ago and no records were produced to support the claim. Finally, the ex-wife did not produce any evidence to support her request to vacate the final restraining order.     Donofrio v. Donofrio, New Jersey App. Div., August 23, 2007

MADISON NEW JERSEY MORRIS COUNTY DIVORCE ATTORNEY SETTLEMENT AGREEMENTS

After waiting for 2 years, the ex-husband tried to set aside the New Jersey divorce agreement. He claimed he was suffering from ongoing mental impairment at the time of the New Jersey divorce and did not understand what he was doing. But the evidence supports the New Jersey divorce judge's ruling that the claimed brain injury dates back to 1978 and had been consistent since then. Furthermore, the psychological opinions were speculative and not based on evaluations or treatment contemporaneous with the divorce. Finally, the judge aptly held that the negotiated terms of the divorce judgment were not inequitable given the totality of the circumstances, including the fact that no children were involved.    Bornstein v. Bornstein, New Jersey App. Div., August 20, 2007

HAWORTH NEW JERSEY BERGEN COUNTY DIVORCE LAWYER QDRO

The New Jersey divorce judge was correct in denying amendment of a Qualified Domestic Relations Order [QDRO]. Both the ex-wife and the ex-husband were responsible for the delay in implementing the QDRO. In addition, neither the severance pay nor the accrued vacation pay were subject to equitable distribution, not having been acquired or accumulated during coverture.     Overbay v. Overbay, New Jersey App. Div., August 15, 2007

SUMMIT NEW JERSEY UNION COUNTY DIVORCE MEDIATION

As federal regulators pursue insider trading cases, the SEC has filed 7 cases against married couples so far in 2007, including one involving the sale of Dow Jones to the News Corporation. There was only one similar case in all of 2006. In some cases, like the one filed July 24 against Shane Suman and Monie Rahman, regulators have accused the couple of working together to execute the trades. In others, like one filed in May against a former employee of Oracle, one spouse is accused of misappropriating confidential information from the other and using it to make a quick profit in the market. "You can never be absolutely certain what happened between the husband and wife, whether it was a momentary lapse or a calculated conspiracy."       The New York Times, August 14, 2007

TOTOWA NEW JERSEY PASSAIC COUNTY DIVORCE LAWYER TAX FRAUD

The United States Government appeals from a judgment of sentence imposed on defendant, who pleaded guilty to a fraudulent scheme to evade personal income taxes, resulting in a tax deficiency of more than $225,000. The District Court imposed a below-guidelines sentence of 250 hours of community service, three years of probation (including one year of house arrest), a $250,000 fine, and in-house alcohol abuse treatment. But this sentence is unreasonable and is rejected. In light of the circumstances and the sentencing factors in 18 U.S.C. § 3553(a) , it was an abuse of discretion for the District Court to impose it . The judgment is vacated and remanded for resentencing.    U.S.A. v. Tomko, ___ F.3d. ___ (3d. Cir. 2007); August 13, 2007

SHORT HILLS NEW JERSEY ESSEX COUNTY DIVORCE LAWYER CUSTODY VISITATION

The mother wanted to limit the father's parenting time, based on an alleged incident more than 14 months after the parties' New Jersey divorce. She claimed the parties' daughter had been inappropriately touched by the paternal grandmother. After considering the evidence, including the testimony of the emergency room physician, the maternal grandmother, the child, each of the parties, and investigators from the police department and prosecutor's office, the New Jersey divorce judge concluded that the mother failed to prove her case by a preponderance of the evidence.     Chiappetta v. Chiappetta, New Jersey App. Div., August 10, 2007

FLORHAM PARK NEW JERSEY MORRIS COUNTY DIVORCE MEDIATION

A couple with 3 young daughters does not have to forfeit six months' rent for breaking an apartment lease when a convicted sex offender moved in next door. The lease promised the tenants peaceful and quiet enjoyment, but this condition was breached when the landlord allowed a Level 3 sex offender to live in an adjacent apartment. Level 3 offenders are considered to be at the highest risk of committing future sex crimes. With no means of protecting their 3 daughters except to be at their side constantly when they were home, or to remove the family from the apartment altogether, the trial judge ruled that "the tenant had valid grounds to request an early termination of the lease."    Knudsen v. Lax, 07-27541, Watertown City Court, August 9, 2007

HANOVER NEW JERSEY ESSEX COUNTY DIVORCE MEDIATION

The nursing home claimed the debts owed to it by the Debtor were nondischargeable because she allegedly converted, misappropriated, and improperly administered the funds of her mother, a patient at the plaintiff's facility. This was while the daughter acted as fiduciary for her mother. The court reviews in detail the various sources of the mother's funds -- including pension, bank accounts, social security payments, personal injury settlement proceeds, and life insurance proceeds---and the daughter's efforts to administer her mother's financial affairs. HELD : the plaintiff failed to show the Debtor's intent to defraud, and failed to establish her purported fiduciary defalcation . The daughter was therefore permitted to retain her Chapter 7 discharge from the debt owed to plaintiff.     I/M/O Parks, Debtor; Silver Care Center v. Parks, U.S. Bankruptcy Ct., District of New Jersey, August 8, 2007

MENDHAM NEW JERSEY MORRIS COUNTY DIVORCE MEDIATION ALIMONY

At the trial of the domestic violence hearing, there were "procedural imperfections." Among other things, neither party was sworn, and the judgment was based on a brief colloquy between the judge and the parties, in which defendant never admitted to any specific acts of domestic violence. Nor was defendant made aware of the adverse serious and long-term consequences of having a restraining order entered against him. Accordingly, the matter is reversed and remanded for further proceedings.     Mandrik v. Ferrara, New Jersey App. Div., August 7, 2007