New Jersey Family Law

LIVINGSTON NEW JERSEY ESSEX COUNTY CHILD CUSTODY MEDIATION LAWYER

A measure soon to be considered by the New Jersey Assembly Judiciary Committee would prohibit permanent changes to New Jersey child custody arrangements while either parent is absent on military duty. Under this bill introduced by Assemblyman Christopher J. Connors (R-Ocean), judges could not enter or amend such changes except on a temporary basis. And when the military parent returns, "the court shall not consider a parent's absence due to military duty, by itself, to be sufficient to justify a modification of a child custody or visitation order."    Bill # A-4557, November 30, 2007

SUMMIT NEW JERSEY UNION COUNTY DIVORCE MEDIATION LAWYER CHILD VISITATION

Jacqueline McGreevey is a daddy's girl. Or at least the former New Jersey governor is doing his best to make her into one, his estranged wife contends in the latest episode in their New Jersey divorce battle. Dina McGreevey claims her soon-to-be-ex husband is hogging time with their daughter, kindergartner Jacqueline. Most recently, Jim McGreevey arranged an elaborate birthday party for the girl, who is about to turn 6, on a weekend she is scheduled to spend with mommy. Papers filed in Union County divorce court show Dina fired off an angry, late-night e-mail to Jim last week, demanding he reschedule the Dec. 1 party for Jacqueline's 6th birthday. The event had been planned for a month and included invites to all the girl's schoolmates. "I suggest you plan the party for different day," Dina wrote. The party technically falls on a weekend, when the former New Jersey governor would normally have custody. But Dina argued that he'd had her for Thanksgiving and the previous weekend - and that their custody agreement stipulates that neither McGreevey can have Jacqueline three weeks in a row. Their divorce case is scheduled for trial in May 2008.

NEW MILFORD NEW JERSEY BERGEN COUNTY DIVORCE ALIMONY ATTORNEY

Fatally beating a child in an alcoholic rage does not reach the level of fault that would justify ineligibility for alimony under New Jersey law. "Nothing . . . prevents the Legislature from amending the alimony statute to specify that a former spouse's criminal act in taking the life of one of the parties' children per se disqualifies the ex-spouse from receiving alimony. But do not read the present statute nor the analogous case law to create that automatic disqualification" This ruling permits Linda Calbi, who pleaded guilty to second-degree aggravated assault for a violent altercation that caused the death of her son, to reapply for alimony after her anticipated release from prison in November 2008.     Calbi v. Calbi, ___N.J. Super. ___ (App. Div. 2007); New Jersey App. Div., November 23, 20007 <http://pdfserver.amlaw.com/nj/Calbi.pdf>

MORRISTOWN NEW JERSEY MORRIS COUNTY DIVORCE MEDIATION ATTORNEY

On appeal, the ex-wife complained about various aspects of the New Jersey divorce judgment, including (1) the amount of alimony awarded; (2) equitable distribution of the home and its contents; (3) distribution of the 401(k); and (4) debt. Her contention that there were various "mistakes" is rejected. The New Jersey divorce judge's rulings on all issues are supported by adequate, substantial, and credible evidence, and are therefore affirmed.   Yarbrough v. Yarbrough, New Jersey App. Div., November 21, 2007

HAWORTH NEW JERSEY BERGEN COUNTY DIVORCE LAWYER MEDIATION

Over the father's objection, the New Jersey divorce judge affirmed the effective dates specified for the emancipation of the parties' two older children. In addition, the mother was awarded $6,000 for reimbursement for one-half of the sums she had previously expended in educational costs for the oldest child.      Schank v. Schank, New Jersey App. Div., November 20, 2007

MADISON NEW JERSEY MORRIS COUNTY DIVORCE ATTORNEY MEDIATION

A pastor's soon-to-be-divorced wife has argued ( and trial court Judge Arthur M. Diamond has agreed to hear her arguments) that her husband's church should be considered a marital asset. The wife, whose name was redacted from the published ruling, argues she and her husband started the church with $50,000 of their common money and that he went on to use it as a "personal piggy bank." Said her lawyer, "That church is no different than any other business he might have opened." The judge has ordered a financial appraisal of the church.     The Associated Press, November 19, 2007

ENGLEWOOD CLIFFS NEW JERSEY BERGEN COUNTY DIVORCE MEDIATION LAWYER CHILD CUSTODY

A New Jersey man accused of abandoning the child he fathered with his missing mistress was sentenced to 18 months probation Monday after his lawyers reached a plea agreement with prosecutors. Rosario DiGirolamo, 32, of Millstone Township, N.J., pleaded guilty to second-degree reckless endangering and child abandonment, both misdemeanors. Prosecutors and defense attorneys agreed that evidence did not support a felony endangerment charge of leaving his 11-month-old son, Michael, at substantial risk of death when he left him in the parking lot of Christiana Hospital in Newark on June 9. DiGirolamo remains a "person of interest" in Giordano's disappearance, according to prosecutors in New Jersey, who suspect she is dead.       Associated Press, November 16, 2007

JERSEY CITY NEW JERSEY HUDSON COUNTY DIVORCE LAWYER MEDIATION

The New Jersey divorce judge denied the ex-wife's motion to change venue of the parties' divorce action. She claimed her ex-husband was an attorney who practiced in the area for years and had been director of Legal Services. No prejudice or showing of an inability to get a fair hearing was made. In addition, there was no abuse of discretion in denying the motion to vacate provisions of the New Jersey Judgment of Divorce, based upon alleged fraud committed by defendant. The New Jersey divorce agreement was entered into knowingly and voluntarily, with the assistance of counsel. Moreover, the motion was not filed within one year, as required by New Jersey Rule 4:50-2.     Rhody v. Rhody, New Jersey App. Div., November 15, 2007

MAPLEWOOD NEW JERSEY ESSEX COUNTY DIVORCE MEDIATION LAWYER

The court affirms the New Jersey domestic violence restraining order entered against defendant. He was also arrested and charged with kidnapping, terroristic threats, and simple assault. Despite defendant's assertion that he was denied sufficient adjournments to have his counsel present, the judge did grant defendant one two-week adjournment, and also reached out to two different attorneys defendant indicated would be representing him, but neither verified that fact. Here, defendant knew exactly what the charges against him were because of his arrest and incarceration, and was permitted to cross-examine plaintiff. There simply was no abuse of discretion in the judge's handling of the matter or prejudice against defendant.     Kabbeko v. Crescitelli, New Jersey App. Div., November 14, 2007

NORTH CALDWELL NEW JERSEY ESSEX COUNTY DIVORCE LAWYER MEDIATION

Beginning in 2008, the Kiddie Tax will apply to any child under age 19, or a child who is a full-time student under age 24, if the child does not have earned income exceeding half of her/his support. Thus, the Kiddie Tax could come back to bite many families who thought it had been banished. For 2007, it applies to a child who has not turned age 18 by December 31, 2007. For 2008, it applies to a child who has not turned age 19 by December 31, 2008, or a full-time student who has not turned age 24 by December 31, 2008, if the child does not have earned income totaling more than half of his support.       Small Business and Work Opportunity Tax Act, November 13, 2007