New Jersey Family Law

CRESKILL NEW JERSEY BERGEN COUNTY DIVORCE MEDIATION CHILD CUSTODY

The District Court properly dismissed plaintiff's action accusing the State of New Jersey of wrongfully depriving him of the custody of his children, after DYFS removed the children from the care of their mother (from whom plaintiff had separated) and placed them in foster homes. Plaintiff alleged he was seeking custody of the children at the time of the removal, and that he was denied custody even though he was not involved in the incident which led to DYFS's actions. The court correctly found that New Jersey's 11th Amendment immunity barred plaintiff's suit and declined to exercise supplemental jurisdiction over his remaining state law negligence claim.   Thorpe v. State of N.J., et al., Third Cir., September 13, 2007

ALPINE NEW JERSEY BERGEN COUNTY DIVORCE FRAUD MEDIATION LAWYER

The lender alleged the husband fraudulently transferred his interest in the marital home to his wife and thereby violated the New Jersey Uniform Fraudulent Transfer Act.  The husband's defense was he received reasonably equivalent value from the wife for the transfer -- $400,000 in loan proceeds for his businesses -- in return for giving up his equity interest in the home. Examining the  "badges of fraud", the court grants summary judgment to the lender as to "actual fraud " but finds in favor of  the husband and wife as to "constructive fraud ".  Proof of the former under N.J.S.A. 25:2-25(a) must be by clear and convincing evidence, whereas proof of the latter under N.J.S.A. 25:2-25(b) must be by a preponderance of the evidence.  The CIT Group/Equipment Financing, Inc. v. Zavidow, et ux., et al., Ch. Div. Bergen Cy. (Contillo, J.S.C.) , September 12, 2007

NORTH CALDWELL NEW JERSEY ESSEX COUNTY DIVORCE MEDIATION TAX FRAUD

Richard Josephberg prospered at Goldman Sachs, as a Manhattan tax shelter promoter and by running his own investment houses. He raised many millions for clients, built what he called his dream home and sent his children to top colleges. But there was another reason he had lots of cash. For 29 years, he did not pay his taxes. After a 4-week trial where one of Mr. Josephberg’s grown children testified for the prosecution, a jury convicted him on all 17 charges, including the first criminal conviction ever for willfully refusing to pay the so-called "nanny tax", the requirement that people with servants withhold federal taxes. Yesterday, in a Federal District Court in White Plains, Mr. Josephberg was sentenced to 50 months behind bars and another three years on supervised release.    U.S. v. Josephberg, New York Times, September 11, 2007

WEST CALDWELL NEW JERSEY ESSEX COUNTY DIVORCE MEDIATION LAWYER AGREEMENT

Instead of a fully executed New Jersey divorce agreement; the parties agreed to "place the settlement on the record." But they forgot to mention one of the operative terms. The trial judge resolved the resulting dispute under the 5-day rule, and determined that the language would remain in the form submitted by one of the attorneys. Any objection to this process was waived. The trial court's decision is affirmed.     Crincoli v. Crincoli, New Jersey App. Div., September 10, 2007

WAYNE NEW JERSEY PASSAIC COUNTY DIVORCE LAWYER EQUITABLE DISTRIBUTION

While they were happily married, his parents gave the husband and wife an option to buy the parents' condo. The ex-wife wife tried to exercise this option after the parties' New Jersey divorce. Because the ex-husband objected, the New Jersey divorce judge refused to order the property condo sold. The option agreement should be interpreted to provide that neither the ex-wife nor the ex-husband had the right to exercise the option alone. The ex-husband did not breach any legal duty he owed to the ex-wife.      Devlieger v. Devlieger, New Jersey App. Div., September 7, 2007

CLIFTON NEW JERSEY PASSAIC COUNTY DIVORCE MEDIATION CHILD SUPPORT INCREASE

The New Jersey divorce judge increased the father's child support obligation from $87 per week to $168 per week. Although he claimed his current income as a mortgage broker was about $42,000, the record supports the Judge's determination of underemployment and an increase in child support. It was appropriate to impute income to the father at the level of $63,000, based on the U.S. Bureau of Labor Statistics and the father's "extensive experience" in the real estate industry.   Muniz. v. Bonilla, September 6, 2007

HOBOKEN NEW JERSEY HUDSON COUNTY DIVORCE ATTORNEY WEDDING CONTRACTS

The bride sought an order directing defendant owner to perform its contractual obligation arising out of an agreement to hold her wedding at defendant's penthouse. Defendant alleged it was entitled to cancel the contract as the use of the premises for a wedding violated zoning regulations. The court stated violation of a statute did not necessarily render an agreement unenforceable. Defendant was aware the use of the premises for the purposes of a wedding may violate zoning regulations, yet this knowledge did not prevent it from entering into a contract with plaintiff. The court found the alleged violation was malum prohibitum, not malum in se, thus found the contract enforceable. Specific performance was appropriate when money damages would be inadequate, and would not impose a disproportionate burden on the breaching party. Hence, the court granted plaintiff's motion directing defendant to perform its agreement with plaintiff under the contract.    Barry v. Dandy LLC, New York County; September 5, 2007

MORRISTOWN NEW JERSEY MORRIS COUNTY DIVORCE MEDIATOR BANKRUPTCY

After their New Jersey divorce, the ex-husband filed a petition in bankruptcy. In the divorce, the ex-wife charged him with various acts of brutality, resulting in a $400,000 Tevis personal injury award. Both the divorce and bankruptcy proceedings were marked by his "extraordinary dilatory and vexatious tactics". Then, while post-divorce and post-bankruptcy proceedings were pending, the ex-wife was murdered. The ex-husband was arrested, indicted and is now awaiting trial, while professing his innocence. Meanwhile, he now alleges that his daughter [individually and as administrator of the estate of her mother] wrongly sought enforcement of the New Jersey Judgment of Divorce as to his social security benefits and police disability pension. HELD : the ex-husband interfered with the orderly processes of justice in the Bankruptcy Court and in the New Jersey divorce proceedings. He is not entitled to any relief. The Court abstains in favor of the New Jersey divorce court.   In Re Galtieri, U.S. Bankruptcy Ct., D.N.J.; September 4, 2007